Summary
affirming without prejudice the order denying the appellant's postconviction motion because the appellant raised for the first time on appeal a claim with possible merit
Summary of this case from Lamberson v. StateOpinion
No. 2D99-3860.
Opinion filed March 15, 2000.
Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.
We affirm the trial court's order summarily denying Michael Scott Annen's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 because the motion is refuted by the record attachments. We also affirm the trial court's denial of Annen's motion to amend his postconviction relief motion because, under the specific circumstances of this case, the trial court did not abuse its discretion in that determination. See McConn v. State, 708 So.2d 308 (Fla. 2d DCA 1998).
In his initial brief, Annen raises an issue of newly discovered evidence that may have merit. Therefore, this affirmance is without prejudice to Annen's filing a timely, facially sufficient motion for postconviction relief based on his claim of newly discovered evidence.
Affirmed.
ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.