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STONE v. STATE

No. 5D06-394.

940 So.2d 550 (2006)

Shelli STONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 27, 2006.

Attorney(s) appearing for the Case

Shelli Stone, Ocala, pro se.

James S. Purdy, Public Defender and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Shelli Stone (defendant) appeals the trial court's order summarily denying her Florida Rule of Criminal Procedure 3.850 motion seeking postconviction relief. Although the defendant's motion was facially insufficient, the trial court did not allow her leave to amend the motion before denying the motion for being facially insufficient. Accordingly, we affirm without prejudice to the defendant to later file a facially sufficient motion. See Nelson v. State...

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