Florida District Courts of Appeal, 2006

Stone v. State

Stone v. State
Florida District Courts of Appeal · Decided October 27, 2006 · Palmer, Thompson, Torpy
940 So. 2d 550; 2006 Fla. App. LEXIS 17964; 2006 WL 3039052 (Southern Reporter, Second Series)

Stone v. State

Opinion of the Court

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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