Florida District Courts of Appeal, 2003

Finkley v. State

Finkley v. State
Florida District Courts of Appeal · Decided March 7, 2003 · Casanueva, Davis, Stringer
838 So. 2d 1227; 2003 Fla. App. LEXIS 2859; 2003 WL 827349 (Southern Reporter, Second Series)

Finkley v. State

Opinion of the Court

DAVIS, Judge.

George A. Finkley appeals the dismissal of his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed Finkley’s motion because it failed to contain a brief statement of facts relied on in support of the motion as required by rule 3.850(c)(6). We affirm the trial court’s order of dismissal without prejudice to Finkley to refile a motion which conforms to the rule. See Pavey v. State, 720 So.2d 563 (Fla. 2d DCA 1998); Toler v. State, 818 So.2d 639 (Fla. 1st DCA 2002).

Affirmed.

CASANUEVA and STRINGER, JJ., Concur.

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