RICKY A. HUNTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY A. HUNTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
858 So. 2d 1095
Florida District Court of Appeal, Second District (2003)
Positive Treatment
Cited by 1 case
Opinion of the Court
[*1096] CANADY, Judge.
Ricky Hunter challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because pages are missing from his motion, rendering it unreadable, we affirm without prejudice to Hunter’s filing another motion. Hunter may file a new motion within thirty days from the date of the mandate in this case and it shall not be considered successive or untimely.
Affirmed without prejudice.
FULMER and VILLANTI, JJ.,' Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCARR v. State, 874 So. 2d 1274 (Fla. 2d DCA 2004)…irm the order of the circuit court without prejudice to McCarr’s filing the same motion within sixty days from the date of the mandate in this case. Any such motion shall not be considered successive on account of this refiling. See Hunter v. State, 858 So. 2d 1095 (Fla. 2d DCA 2003) (allowing a prisoner to refile a rule 3.850 motion without the motion being considered successive because pages were missing from the copy of the motion in the record, rendering the motion unreadable). Affirmed without prejudice…