Summary
affirming denial of rule 3.850 motion on grounds that it was "defective on its face as it [did] not specify whether [the prisoner] had filed any previous post-conviction motions, and if so, how many," and also did not "state whether an appeal was taken"
Summary of this case from Burchfield v. StateOpinion
No. TT-486.
August 14, 1980.
Appeal from Circuit Court, Madison County; L. Arthur Lawrence, Jr., Judge.
Ernest Brooks, pro se.
Jim Smith, Atty. Gen., for appellee.
Appellant, pro se, appeals from an order of the trial court denying his motion to vacate his judgment and sentence pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant's motion is defective on its face as it does not specify whether defendant had filed any previous post-conviction motions, and if so, how many. Neither did it state whether an appeal was taken.
Accordingly, the lower court's order is affirmed. However, such affirmance is without prejudice to appellant to refile in compliance with Rule 3.850(b) and (c), Florida Rules of Criminal Procedure. Catlett v. State, 367 So.2d 735 (Fla. 4th DCA 1979); Saxon v. State, 384 So.2d 35 (Fla. 5th DCA 1980).
McCORD, BOOTH and SHAW, JJ., concur.