Opinion
No. 4D00-213.
Opinion filed March 8, 2000.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold J. Cohen, Judge; L.T. No. 96-5897 CFA02.
Paul Miles, Wewahitchka, pro se.
No appearance required for appellee.
We affirm the denial of Paul Miles' postconviction motion. We note that the motion alleged that Miles had filed a public records request that was still pending when the motion was filed. In the event that his request leads to newly discovered facts within the meaning of Florida Rule of Criminal Procedure 3.850(b)(1), affirmance would be without prejudice to file a new motion based on that information. See Buenoano v. State, 708 So.2d 941 (Fla.), cert. denied, 523 U.S. 1043 (1998).
STEVENSON, GROSS and TAYLOR, JJ., concur.