WHITE v. STATE

No. 5D06-1884.

939 So.2d 1112 (2006)

Marvin Gene WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 18, 2006.


Attorney(s) appearing for the Case

Marvin G. White, Jasper, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, Kellie A. Nielan, Assistant Attorney General, Daytona Beach, and Brigid E. Collins, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

We affirm the order of the trial court denying the appellant's rule 3.850 motion for post-conviction relief without prejudice to his refiling a facially sufficient motion. Rather than refile his motion after correcting his deficiencies, the appellant chose to appeal. He may have been confused by the trial court's order that mistakenly referenced a necessity for him to comply with rule 3.850(b), Florida Rules of Criminal Procedure. Nevertheless, the motion...

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