McNair v. State

626 So. 2d 323, 1993 Fla. App. LEXIS 11565, 1993 WL 469329

Opinion

PER CURIAM.

The trial court’s order dated January 15, 1993, ruling on petitioner’s supplement to pending motion for post-conviction relief, is affirmed. Appellant contends that the file should also have contained an original motion for post-conviction relief (containing issues 1-3). The trial court noted that the original motion for post-conviction relief was not in the court file. This court’s affirmance is without prejudice to the appellant to establish the whereabouts of the original motion for post-conviction relief and to obtain a ruling thereon.

Appellant also asserts, and the State concedes, that he had filed a second supplement to his motion for post-conviction relief (containing issue 6) one month prior to the entry of the order dated January 15, 1993. This court’s affirmance is without prejudice to the appellant to request a ruling on issue 6.

Affirmed.