HAROLD COWICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERVIN, Judge.
Appellant Harold Cowick’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 does not meet the minimal requirements of the rule for review. For example, the motion does not set forth: (1) whether an appeal from the judgment or sentence was filed and if so, the disposition thereof, or (2) whether previous post-conviction relief motion^) were filed and if so, how many. See Fla.R.Crim.P. 3.850(b), (c). Consequently, the motion is deficient. We affirm the lower court’s denial of the motion, but we do so without prejudice to appellant’s refiling of the motion in proper form. Scott v. State, 364 So. 2d 67 (Fla. 4th DCA 1978); accord, Brooks v. State, 386 So. 2d 872 (Fla. 1st DCA 1980).
MILLS and WIGGINTON, JJ., concur.
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Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)…lso Brown v. State, 409 So. 2d 129, 130 n. 2 (Fla.5th DCA 1982). If, however, the motion is facially insufficient, the failure to attach portions of the record refuting Jones’ allegations may be excused as harmless error. See, e.g., Cowick v. State, 419 So. 2d 779 (Fla. 1st DCA 1982); cf. Goode v. State, 403 So. 2d 931, 933 (Fla. 1981). Thus, the determinative issue at bar is whether the motion is facially sufficient. Despite its not being specifically styled as such, the motion charges also that Jones invol…
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McELROY v. State, 436 So. 2d 417 (Fla. 1st DCA 1983)…d; and (3) it does not set forth sufficient facts but, rather, conclusions of law. Our affirmance, however, is without prejudice to McElroy’s refiling the motion in proper form. Robinson v. State, 423 So. 2d 466 (Fla. 1st DCA 1982); Cowick v. State, 419 So. 2d 779 (Fla. 1st DCA 1982). JOANOS and ZEHMER, JJ., concur.…
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Robinson v. State, 423 So. 2d 466 (Fla. 1st DCA 1982)…w many; or [*467] (4) a brief statement of supportive facts. See Fla.R.Crim.P. 3.850(a)(b)(c)(e). We affirm the lower court’s denial of the motion, but we do so without prejudice to appellant’s refiling of the motion in proper form. Cowick v. State, 419 So. 2d 779 (Fla. 1st DCA 1982). SHAW and JOANOS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brooks v. State, 386 So. 2d 872 (Fla. 1st DCA 1980)
- Scott v. State, 364 So. 2d 67 (Fla. 4th DCA 1978)