Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SCOTT F. McELROY, APPELLANT, v. STATE OF FLORIDA, 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.

Use AI to get other relevant cases.

Comments

McELROY v. STATE
(Aug 23, 1983)