Opinion
No. 1D05-1294.
November 28, 2005.
An appeal from the Circuit Court for Escambia County. Terry D. Terrell, Judge.
Nancy A. Daniels, Public Defender; Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General; Sheron Wells, Assistant Attorney General, Tallahassee, for Appellee.
Although the trial court erred in relying on the clerk's docket as part of the record, Clark v. State, 851 So.2d 826 (Fla. 1st DCA 2003), the summary denial of the appellant's postconviction motion is affirmed because the motion is facially insufficient. State v. Mancino, 714 So.2d 429, 433 (Fla. 1998); Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).
AFFIRMED.
KAHN, C.J., HAWKES and THOMAS JJ., concur.