NELSON GONZALEZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
NELSON GONZALEZ, PETITIONER,
STATE OF FLORIDA, RESPONDENT
991 So. 2d 971
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Nelson Gonzalez petitions for a writ of habeas corpus to allow a belated appeal. We deny the petition without prejudice because the petition’s oath is deficient. An affirmation that the statements made in the petition are “true and correct to the best of my knowledge” is not an adequate oath. Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005). Gonzalez shall have thirty (30) days in which to file a legally sufficient amended petition.
Petition for Writ of Habeas Corpus DENIED.
GRIFFIN, TORPY and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 156 So. 3d 1119 (Fla. 1st DCA 2015)…tial for conflict exists. Kolker, 649 So. 2d at 251-52 (emphasis in original) (quoting Wheat v. U.S., 486 U.S. 153, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988)). “Viewed prospectively, any substantial risk of harm is deemed prejudicial.” Scott v. State, 991 So. 2d 971, 972 (Fla. 1st DCA 2008). “Section 27.5303(1)(a) requires denial of a legally sufficient motion only if the trial court affirmatively finds that an indigent client or his or her representation has not been and is unlikely to be prejudiced by the pub…1 / 2
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Young v. State, 189 So. 3d 956 (Fla. 2d DCA 2016)…ng two or more criminal defendants represented by that Public Defender’s Office. The statute does not require the trial court to accept the public defender’s “factual representations at face value.” Smith, 156 So. 3d at 1124 (quoting Scott v. State, 991 So. 2d 971, 973 (Fla. 1st DCA 2008)). But the statute’s text expressly limits the court from requiring the public defender to divulge “any confidential information,” recognizing that there will be circumstances where the public defender will be ethically precl…
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Roller v. Tareylyn A. Cripe-Roller, 58 So. 3d 279 (Fla. 1st DCA 2011)…. 1st DCA 2000); Becker & Poliakoff v. King, 642 So. 2d 821 (Fla. 4th DCA 1994). This dismissal is without prejudice to the appellant’s right to raise the issue in a timely appeal from the final order entered in this case. See, e.g., Scott v. State, 991 So. 2d 971, 977 (Fla. 1st DCA 2008); Buscemi v. 6060 Realty Carp., 654 So. 2d 197 (Fla. 3d DCA 1995). DISMISSED. BENTON, C.J., DAVIS and THOMAS, JJ., concur.…
Authorities Cited
- Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005)
- Sanh Luong v. Bachlan Luong, 910 So. 2d 947 (Fla. 2d DCA 2005)