WILLIAM MACK ROBINSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
WIGGINTON, Judge.
Appellant William Mack Robinson’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) the judgment or sentence under attack; (2) whether an appeal from the judgment or sentence was filed and if so, the disposition thereof; (3) whether previous post-conviction relief motions) were filed and if so, how many; or (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.
Cases With Similar Vibessemantic neighbors from the corpus
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McELROY v. State, 436 So. 2d 417 (Fla. 1st DCA 1983)…ether a previous post-conviction motion has been filed; 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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Cherry v. State, 526 So. 2d 1071 (Fla. 1st DCA 1988)…motion’s failure to comply with the minimum requirements of the rule. See Rowe v. State, 474 So. 2d 898 (Fla. 1st DCA 1985); Baker v. State, 448 So. 2d 36 (Fla. 1st DCA 1984); McElroy v. State, 436 So. 2d 417 (Fla. 1st DCA 1983); Robinson v. State, 423 So. 2d 466 (Fla. 1st DCA 1982). In this case, appellant failed to provide specific information regarding the judgment under attack, failed to mention whether there was a previous appeal or motion, and failed to set forth sufficient facts. Therefore, the orde…
Authorities Cited
- Cowick v. State, 419 So. 2d 779 (Fla. 1st DCA 1982)