Epps v. State

District Court of Appeal of Florida

Decided June 22, 1983

District Court of Appeal of Florida · decided 1983-06-22

Relies on 417 So. 2d 1162 - Massey v. State

Decided 1983-06-22

PER CURIAM.

¶1Affirmed1 without prejudice to the filing of an appropriate motion in the trial court pursuant to Florida Rules of Criminal. Procedure 3.850. See Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982); Florida Rules of Criminal Procedure 3.172(c).

LETTS, C.J., and GLICKSTEIN and DELL, JJ., concur.

¶2. We affirm, rather than dismiss, because of the basis for the appeal. See Florida Rules of Appellate Procedure 9.140(b)(1)(D).