Burns v. State, 95-298
| Decision Date | 10 March 1995 |
| Docket Number | No. 95-298,95-298 |
| Citation | 651 So.2d 813 |
| Parties | 20 Fla. L. Weekly D634 Stanley Dallas BURNS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
3.850 Appeal from the Circuit Court for Orange County; Daniel P. Dawson, Judge.
Stanley Dallas Burns, pro se.
No appearance for appellee.
Even though the lower court's stated reason for denial is erroneous, the summary denial of appellant's Rule 3.850 motion is affirmed without prejudice. Appellant may file an amended motion, in compliance with Rule 3.850(c)(3), that states "whether a previous postconviction motion has been filed, and if so, how many." See Daniels v. State, 597 So.2d 967 (Fla. 5th DCA 1992); Evans v. State, 388 So.2d 1366 (Fla. 5th DCA 1980). Moreover, several of the allegations in Appellant's Rule 3.850 motion are legally insufficient. If Appellant files an amended 3.850 petition, he shall file claims that meet the requirements of the rule. The lower court should address on the merits any legally sufficient claims of ineffective assistance of counsel raised in Appellant's motion.
AFFIRMED.
To continue reading
Request your trial
-
Thomas v. State, 95-3008
...should have been with leave to file an amended motion conforming to the requirements of rule 3.850(c). See Brown; Burns v. State, 651 So.2d 813 (Fla. 5th DCA 1995); Williams v. State, 580 So.2d 624 (Fla. 1st DCA 1991). Accordingly, we affirm the trial court's order of dismissal. Because the......
-
Groves v. State, 95-1699
...to comply with Rule 3.850 requirements rendered motion facially insufficient), rev. dism., 534 So.2d 398 (Fla.1988); Burns v. State, 651 So.2d 813 (Fla. 5th DCA 1995) (although trial court's stated reason for denial of Rule 3.850 was erroneous, summary denial was affirmed, without prejudice......
-
Dublin v. State, 95-2804
...rule 3.850, which conforms to the requirements of that rule. See Groves v. State, 668 So.2d 1089 (Fla. 1st DCA 1996); Burns v. State, 651 So.2d 813 (Fla. 5th DCA 1995). See also McClain v. State, 673 So.2d 966 (Fla. 1st DCA 1996); Caldwell v. State, 659 So.2d 1358 (Fla. 5th DCA 1995); AFFIR......
-
Brush v. State
...County; William C. Johnson, Judge. Robert Henry Brush, Miami, pro se. No appearance for Appellee. PER CURIAM. AFFIRMED. Burns v. State, 651 So.2d 813 (Fla. 5th DCA 1995); Schofield v. State, 641 So.2d 172 (Fla. 1st DCA W. SHARP, PETERSON and ANTOON, JJ., concur. ...