Stone v. State

District Court of Appeal of Florida

Stone v. State

940 So. 2d 550, 2006 Fla. App. LEXIS 17964, 2006 WL 3039052

Procedural entryThis page is a short order in Stone v. State. Read the opinion of the Court — 899 So. 2d 421 →

District Court of Appeal of Florida·Decided October 27, 2006·No. No. 5D06-394·Published

Opinion

PALMER, J.

Shelli Stone (defendant) appeals the trial court’s order summarily denying her Florida Rule of Criminal Procedure 3.850 motion seeking postconviction relief. Although the defendant’s motion was facially insufficient, the trial court did not allow her leave to amend the motion before denying the motion for being facially insufficient. Accordingly, we affirm without prejudice to the defendant to later file a facially sufficient motion. See Nelson v. State, 875 So.2d 579 (Fla.2004).

AFFIRMED.

THOMPSON and TORPY, JJ., concur.

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PALMER, J.

Shelli Stone (defendant) appeals the trial court’s order summarily denying her Florida Rule of Criminal Procedure 3.850 motion seeking postconviction relief. Although the defendant’s motion was facially insufficient, the trial court did not allow her leave to amend the motion before denying the motion for being facially insufficient. Accordingly, we affirm without prejudice to the defendant to later file a facially sufficient motion. See Nelson v. State, 875 So.2d 579 (Fla.2004).

AFFIRMED.

THOMPSON and TORPY, JJ., concur.

Stone v. State, 940 So. 2d 550, 2006 Fla. App. LEXIS 17964, 2006 WL 3039052 (Fla. Ct. App. 2006).

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Opinion

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