STACEY MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court’s order summarily denying post conviction relief following appellant’s motion and supplemental motion filed pursuant to Florida Rule of Criminal Procedure 3.850 is affirmed. However, af-firmance is without prejudice to appellant’s right to file in the trial court within thirty (30) days of this court’s mandate an amendment to his motion only as to claim one in the supplement, alleging ineffective assistance of trial counsel for failure to investigate, depose and call for trial Dominique Tukes and Tonia Moore. Nelson v. State, 875 So. 2d 579 (Fla.2004). The amendment shall address the requirement of a pleading of the availability of the witnesses. Id. at 583-84. If an amended motion is filed, then the trial court shall either hold an evidentiary hearing or attach record evidence which conclusively refutes appellant’s claim.
Affirmed.
FARMER, SHAHOOD and TAYLOR, JJ., concur.
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Citator
Cited By
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Moore v. State, 972 So. 2d 1113 (Fla. 4th DCA 2008)…PER CURIAM. Appellant Stacey Moore appeals the trial court’s order summarily denying his amended motion for post conviction relief filed in accordance with this Court’s earlier opinion and mandate in Moore v. State, 960 So. 2d 818 (Fla. 4th DCA 2007). The trial court summarily denied the amended motion based on a State response filed there, arguing that it was successive. The State concedes that the trial court erred in summarily denying Moore’s amended motion for post convic…
Authorities Cited
- Nelson v. State, 875 So. 2d 579 (Fla. 2004)