Florida District Courts of Appeal, 1996

Mincey v. State

Mincey v. State
Florida District Courts of Appeal · Decided December 18, 1996 · Gross, Klein, Polen
683 So. 2d 1165; 1996 Fla. App. LEXIS 13260; 1996 WL 724196 (Southern Reporter, Second Series)

Mincey v. State

Opinion of the Court

PER CURIAM.

We affirm with prejudice the trial court’s denial of appellant’s motion for relief, pursuant to Florida Rule of Criminal Procedure 3.850, except for that portion where appellant alleges his probation was improperly revoked without being afforded counsel. As to that allegation, we affirm without prejudice to appellant’s refiling a timely and properly sworn motion. See Scott v. State, 464 So.2d 1171 (Fla. 1985).

POLEN, KLEIN and GROSS, JJ., concur.

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