Daniels v. State, 92-545
| Decision Date | 08 May 1992 |
| Docket Number | No. 92-545,92-545 |
| Citation | 597 So.2d 967 |
| Parties | Arnold Ross DANIELS, Appellant, v. STATE of Florida, Appellee. 597 So.2d 967, 17 Fla. L. Week. D1172 |
| Court | Florida District Court of Appeals |
3.850 Appeal from the Circuit Court for Brevard County; Edward J. Richardson, Judge.
Arnold Ross Daniels, Daytona Beach, pro se.
No appearance for appellee.
Daniels appeals from an order summarily denying a motion for post-conviction relief under Florida Rules of Criminal Procedure 3.850. We find that the motion does not comply with the requirements of the rule in that there is no mention of any prior appeals or prior post-conviction motions. See Evans v. State, 388 So.2d 1366 (Fla. 5th DCA 1980).
We therefore affirm the trial court on the present record without prejudice to Daniels to file a new motion in conformance with the rules.
We note, however, for the guidance of the trial court, that it failed to attach all necessary documents to its order to justify summary disposition, and one attachment seems contradictory to the court's statement in its order.
AFFIRMED.
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...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 moti......