Turner v. State

Full title: MAURICE TURNER, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 11, 2004

866 So. 2d 1250 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D03-2711.

Opinion filed February 11, 2004.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Richard I. Wennet, Judge, L.T. Case No. 99-10596 CFA02.

Maurice Turner, Daytona Beach, pro se.

No appearance required for appellee.

PER CURIAM.

The denial of postconviction relief is affirmed because the motion is facially insufficient. The motion failed to allege with sufficient specificity the substance of the witnesses' testimony or explain how the omission of the evidence prejudiced the trial. See Catis v. State, 741 So.2d 1140, 1142 (Fla. 4th DCA 1998); Fla. R. Crim. P. 3.850(c)(6). Our affirmance is without prejudice to appellant filing, within 30 days of the issuance of the mandate, a motion that complies with the requirements of Catis.

STEVENSON, GROSS and MAY, JJ., concur.