Bunch v. State

Full title: Craig BUNCH, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 5, 2007

962 So. 2d 350 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-167.

July 5, 2007.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Larry Schack, Judge; L.T. Case Nos. 432005CF824A, 432005CF826A 432005CF828A.

Craig Bunch, Bristol, pro se.

Bill McCollum, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The appellant appeals an order denying his motion for postconviction relief as facially insufficient. As the state concedes, in such circumstances, leave should be given to the prisoner to refile a legally sufficient motion. See, e.g., Swatman v. State, 814 So.2d 1109 (Fla. 2d DCA 2002); Jones v. State, 708 So.2d 1045 (Fla. 4th DCA 1998). We therefore affirm but without prejudice to the appellant refiling a legally sufficient motion within sixty days of the mandate.

STONE, WARNER and STEVENSON, JJ., concur.