Opinion
No. 97-3111
Opinion filed April 22, 1998. Rehearing Denied June 3, 1998
An Appeal under Fla. R. App. P. 9.140 (i) from the Circuit Court for Dade County, Ellen L. Leesfield, Judge. L.T. No. 90-41868.
Edward Ellison Williams, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before SCHWARTZ, C.J., and GODERICH and SHEVIN, JJ.
We reverse the order denying Williams's motion for post-conviction relief. The trial court correctly treated Williams's request for relief as a Florida Rule of Criminal Procedure 3.850 motion, State v. Evans, 705 So.2d 631, 632 n.2 (Fla. 3d DCA 1998) (on rehearing), and correctly denied it as insufficient because there were pages missing from the document Williams filed with the court. However, we reverse the summary denial as it should have been a denial without prejudice to permit Williams to file a complete document.
Reversed and remanded with instructions to permit Williams to file a complete document.