Pryor v. State

Pryor appeals the trial court’s order denying his motion for post-conviction relief. The court’s denial was based on its finding that the motion was a successive one which failed to allege any new or different grounds for relief, and which, in addition, had received a prior ruling on its merits; however, the court failed to .attach any portion of the record substantiating its ruling. As was observed in Bell v. State, 585 So.2d 496 (Fla. 2d DCA 1991):

[Rule 3.850] does not expressly provide for such attachments when the trial court dismisses a motion after finding that it is successive. Without…