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626 So. 2d 323

McNair v. State

District Court of Appeal of Florida

Decided November 16, 1993

District Court of Appeal of Florida · decided 1993-11-16

Decided 1993-11-16

PER CURIAM.

¶1The trial court’s order dated January 15, 1993, ruling on petitioner’s supplement to pending motion for post-conviction relief, is affirmed. Appellant contends that the file should also have contained an original motion for post-conviction relief (containing issues 1-3). The trial court noted that the original motion for post-conviction relief was not in the court file. This court’s affirmance is without prejudice to the appellant to establish the whereabouts of the original motion *324for post-conviction relief and to obtain a ruling thereon.

¶2Appellant also asserts, and the State concedes, that he had filed a second supplement to his motion for post-conviction relief (containing issue 6) one month prior to the entry of the order dated January 15, 1993. This court’s affirmance is without prejudice to the appellant to request a ruling on issue 6.

¶3Affirmed.

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