Summary
affirming denial of 3.850 motion as legally insufficient under Rule 3.850(c), but without prejudice to appellant refiling a motion that complies with the requirements of the rule
Summary of this case from Reid v. StateOpinion
No. 98-0555.
Opinion filed May 6, 1998. JANUARY TERM 1998.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 95-4466CFA02.
Joel J. Jones, Raiford, pro se.
No appearance required for appellee.
We affirm the summary denial of Appellant's motion for postconviction relief as legally insufficient. The motion did not include all the contents required by rule 3.850(c) and any factual allegations were conclusory. However, the denial should have been a dismissal with leave to file an amended motion. Accordingly, our affirmance is without prejudice to Appellant's refiling an amended motion complying with the requirements of rule 3.850(c), particularly including a nonconclusory statement of facts relied on in support thereof, within thirty days of this court's mandate.See Thomas v. State, 686 So.2d 689 (Fla. 4th DCA 1996); Flint v. State, 561 So.2d 1343 (Fla. 1st DCA 1990).
GUNTHER, POLEN and KLEIN, JJ., concur.