Legal Opinion

Kelly v. State

District Court of Appeal of Florida

Decided November 21, 2007No. 4D07-4062PublishedCited by 2 opinions

1Opinion of the Court

969 So.2d 1159 (2007)

Ronald V. KELLY, Appellant,

v.

STATE of Florida, Appellee.

No. 4D07-4062.

District Court of Appeal of Florida, Fourth District.

November 21, 2007.

Ronald V. Kelly, South Bay, pro se.

No appearance required for appellee.

2Per curiam

Kelly filed a rule 3.850 motion which is facially insufficient to state any proper claims for relief under the rule. The court, on recommendation by the state, denied the motion without prejudice to Kelly filing an amended motion in full compliance with rule 3.850. A dismissal of a rule 3.850 motion with leave to amend is non-final and non-appealable. Williams v.…

3Cases cited2 opinions

  1. Lee v. StateDistrict Court of Appeal of Florida · 2006
  2. Williams v. StateDistrict Court of Appeal of Florida · 2004

4Cited by2 opinions

  1. Howard v. StateDistrict Court of Appeal of Florida · 2008
  2. Porter v. StateDistrict Court of Appeal of Florida · 2008

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