Shelli Stone v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 SHELLI STONE, Appellant, v. Case No. 5D06-394 STATE OF FLORID A, Appellee. ________________________________/ Opinion filed October 27, 2006 3.850 Appeal from the Circuit Court for Orange County, Daniel P. Dawson, Judge. Shelli Stone, Ocala, pro se. James S. Purdy, Public Defender and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PALMER, J. Shelli Stone (defendant) appeals the trial court s order summarily denying her Florida Rule of Criminal Procedure 3.850 motion seeking postconviction relief. Although the defendant s motion was facially insufficient, the trial court did not allow her leave to amend the motion before denying the motion for being facially insufficient. Accordingly, we affirm without prejudice to the defendant to later file a facially sufficient motion. See Nelson v. State, 875 So.2d 579 (Fla. 2004). AFFIRMED. THOMPSON and TORPY, JJ., concur.
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