KENNETH L. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-07-14
No. 2D04-743
FULMER and STRINGER, JJ., concur.
884 So. 2d 138 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 1 case

Opinion of the Court
WALLACE, Judge.

WALLACE, Judge.

Kenneth L. Williams seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Williams’ motion was based in part on a claim of newly discovered evidence that was facially insufficient. Therefore, we affirm the order of the trial court without prejudice to Williams’ right to file a facially sufficient claim based on newly discovered evidence. We affirm without comment the trial court’s summary denial of Williams’ other claims.

Affirmed without prejudice to Williams’ right to refile a facially sufficient claim based on newly discovered evidence within sixty days of the issuance of the mandate in this case.

FULMER and STRINGER, JJ., concur.


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  • Wilson v. State, 942 So. 2d 451 (Fla. 1st DCA 2006)
    …to appellant’s filing a sworn, facially sufficient amended motion for postconviction relief in the trial court within thirty days of the issuance of this Court’s mandate. See Thompson v. State, 772 So. 2d 582 (Fla. 1st DCA 2000); Williams v. State, 884 So. 2d 138 (Fla. 2d DCA 2004). Any such motion shall not be deemed successive. We express no opinion as to the merits of appellant’s claims. LEWIS and THOMAS, JJ., concur. WOLF, J., dissents without opinion.…

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