Legal Opinion
Burns v. State
District Court of Appeal of Florida
Decided March 10, 1995No. 95-298PublishedCited by 5 opinions
1Opinion of the Court
651 So.2d 813 (1995)
Stanley Dallas BURNS, Appellant,
v.
STATE of Florida, Appellee.
No. 95-298.
District Court of Appeal of Florida, Fifth District.
March 10, 1995.
Stanley Dallas Burns, pro se.
No appearance for appellee.
2Per curiam
Even though the lower court's stated reason for denial is erroneous, the summary denial of appellant's Rule 3.850 motion is affirmed without prejudice. Appellant may file an amended motion, in compliance with Rule 3.850(c)(3), that states "whether a previous postconviction motion has been filed, and if so, how many." See Daniels v. State, 597 So.2d 967 (Fla. 5th DCA 1992); Evans v.…
3Cases cited2 opinions
- Evans v. StateDistrict Court of Appeal of Florida · 1980
- Daniels v. StateDistrict Court of Appeal of Florida · 1992
4Cited by5 opinions
- Thomas v. StateDistrict Court of Appeal of Florida · 1996
- Groves v. StateDistrict Court of Appeal of Florida · 1996
- Dublin v. StateDistrict Court of Appeal of Florida · 1996
- Brush v. StateDistrict Court of Appeal of Florida · 1997
- Winfield v. StateDistrict Court of Appeal of Florida · 2003