Florida District Courts of Appeal, 1998

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided April 22, 1998 · Goderich, Schwartz, Shevin
709 So. 2d 631; 1998 Fla. App. LEXIS 4320; 1998 WL 188520 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying Williams’s motion for postconviction relief. The trial court correctly treated Williams’s request for relief as a Florida Rule of Criminal Procedure 3.850 motion, State v. Evans, 705 So.2d 631, 632 n. 2 (Fla. 3d DCA 1998)(on rehearing), and correctly denied it as insufficient because there were pages missing from the document Williams filed with the court. However, we reverse the summary denial as it should have been a denial without prejudice to permit Williams to file a complete document. Reversed and remanded with instructions to permit Williams to file a complete document.

Reversed and remanded with instructions to permit Williams to file a complete document.

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