Public-domain · open source
OpenJurist

940 So. 2d 550

Stone v. State

District Court of Appeal of Florida

Decided October 27, 2006

District Court of Appeal of Florida · decided 2006-10-27

Relies on Nelson v. State

Decided 2006-10-27

PALMER, J.

¶1Shelli 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).

¶2AFFIRMED.

THOMPSON and TORPY, JJ., concur.
/940/so2d/550 · .json · Public domain