CASE NO: TT99-000422-XX
TT99-000423-XX

THOMAS S. HALL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

This matter is on appeal from the county court of Highlands County, Judge Olin W. Shinholser, presiding. Appellant, Thomas S. Hall, appeals the ruling of the county court denying his motion for post conviction relief pursuant to Fla. R. Crim. P. 3.850. This court has jurisdiction. Fla. R. App. P. 9.140(i).

Appellant filed a form motion in which he failed to allege specific facts supporting his motion. The county court correctly denied the motion as facially insufficient without a hearing. Appellant then filed a notice of appeal which contained the factual basis for his motion. The facts contained in Appellant’s notice of appeal cannot be reviewed by this court because they were not part of the record below. Fla. R. App. P. 9.200 (a).

Accordingly, this ruling of the county court is AFFIRMED WITHOUT PREJUDICE to Appellant to file a proper 3.850 motion in the county court.

ORDERED this day of November 1999.

Charles B. Curry,

Chief Judge