Jones v. State

Full title: Kenneth JONES, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 10, 2006

929 So. 2d 615 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D06-160.

May 10, 2006.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 00-21199 CF10A.

Kenneth Jones, Daytona Beach, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the trial court's summary denial of appellant's claims for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, except that affirmance is without prejudice to appellant's right to file an amended motion in the trial court within thirty days of issuance of this opinion, limited to claim three, addressing the requirement of availability of the witness, pursuant to Nelson v. State, 875 So.2d 579, 583-84 (Fla. 2004) (stating, "when a defendant fails to allege that a witness would have been available, the defendant should be granted leave to amend the motion within a specified time period").

WARNER, FARMER and TAYLOR, JJ., concur.