McElroy v. State, 436 So. 2d 417

Scott F. McElroy, pro se.

No appearance for appellee.

WIGGINTON, Judge.

This is an appeal from the trial court‘s summary denial of McElroy‘s Rule 3.850 motion for post-conviction relief. We affirm.

The order appealed states that the motion does not meet the minimal requirements of Rule 3.850, Florida Rules of Criminal Procedure. We note that the motion is deficient in at least three respects: (1) it does not include specific information of the judgment(s) and sentence(s) under attack, as there appear to be two involved; (2) it does not indicate whether a previous post-conviction motion has been filed; and (3) it does not set forth sufficient facts but, rather, conclusions of law. Our affirmance, however, is without prejudice to McElroy‘s refiling the motion in proper form. Robinson v. State, 423 So.2d 466 (Fla. 1st DCA 1982); Cowick v. State, 419 So.2d 779 (Fla. 1st DCA 1982).

JOANOS and ZEHMER, JJ., concur.

Case Details

Case Name: McElroy v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 23, 1983

Citations: 436 So. 2d 417; AQ-237

Docket Number: AQ-237

Court Abbreviation: Fla. Dist. Ct. App.