HOWARD v. STATE

No. 5D07-3265.

976 So.2d 635 (2008)

Michael A. HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2008.


Attorney(s) appearing for the Case

Michael A. Howard, Raiford, pro se.

No Appearance for Appellee.


GRIFFIN, J.

Defendant, Michael A. Howard, appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.

Although the appealed order denied the motion, the order specified that denial was without prejudice to amend any claims found in the order to be "insufficient." This court and others have concluded that such an order lacks finality and the courts of appeal lack jurisdiction to review it. ...

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