07-6603 BRIAN KEITH SHELLEY, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-6603

Case Date: 10/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BRIAN KEITH SHELLEY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-6603

Opinion filed October 7, 2008. An appeal from the Circuit Court for Escambia County. Michael Jones, Judge. Brian Keith Shelley, pro se, Appellant. Bill McCollum, Attorney General, and Terry P. Roberts, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION TO RELINQUISH JURISDICTION PER CURIAM. The appellant, Brian Shelley, moves this Court to relinquish jurisdiction so that the trial court may enter a final, appealable order on all of the claims he raised in his initial motion for postconviction relief filed pursuant to Florida Rule of Criminal

Procedure 3.850 and his subsequent amendment. We grant the appellant's motion and dismiss the appeal. The appellant filed a notice of appeal challenging the trial court's order denying in part and striking in part his motion for postconviction relief. However, because it struck one of the appellant's claims as legally insufficient with leave to amend, the trial court's order lacks finality and this Court lacks jurisdiction to review it. See Howard v. State, 976 So. 2d 635, 636 (Fla. 5th DCA 2008). DISMISSED. WOLF, LEWIS, and ROBERTS, JJ., CONCUR.

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