ALLEN v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Martin ALLEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-707

Decided: July 23, 2019

Martin Allen, Miami, pro se. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED without prejudice to Appellant's ability to file a new legally sufficient Florida Rule of Criminal Procedure 3.850 motion in the trial court with an affidavit from the victim or an explanation as to why the affidavit cannot be obtained. See Fla. R. Crim. P. 3.850(c).

PER CURIAM.

BERGER, WALLIS and LAMBERT, JJ., concur.

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