McCoy v. State

Full title: LARRY RAY McCOY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: May 7, 1986

487 So. 2d 1095 (Fla. Dist. Ct. App. 1986)

Opinion

No. BI-195.

March 26, 1986. On Motion for Rehearing May 7, 1986.

Appeal from the Circuit Court for Duval County; Louis Safer, Judge.

Larry Ray McCoy, pro se.

No appearance for appellee.

BARFIELD, Judge.

Defendant appeals from a partial denial of his motion for post-conviction relief under Fla.R.Crim.P. 3.850. The trial court denied the motion as to five of six grounds alleged with leave to amend the motion as to the sixth ground. The order is not final and appealable until it disposes of all the issues presented. White v. State, 450 So.2d 556 (Fla. 2d DCA 1984).

The appeal is DISMISSED.

THOMPSON and ZEHMER, JJ., concur.

ON MOTION FOR REHEARING

On motion for rehearing, appellant calls to our attention the trial court's order of August 14, 1985, in which the trial court disposed of the amended motion. The motion for rehearing is GRANTED. Upon consideration of the final order of the trial court, we find no reversible error. AFFIRMED.

THOMPSON and ZEHMER, JJ., concur.