JOHN M. CATLETT, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1979-02-21
No. 78-1406
DAUKSCH, MOORE and BERANEK, JJ., concur.
367 So. 2d 735 Florida District Court of Appeal, Fourth District (1979) Positive Treatment
Cited by 14 cases
Topics
Collateral Relief Motion To Vacate Conviction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the lower court’s dismissal of appellant’s motion to vacate filed pursuant to Fla.R.Cr.P. 3.850. Appellant’s motion was legally insufficient in that the motion did not specify whether appellant had previously filed a plenary appeal from his conviction and sentence (and, if so, the disposition of that appeal), nor did the motion specify whether appellant had filed any previous Rule 3.850 motions (and, if so, how many). We have recently ruled the latter omission, by itself, warrants a summary denial since the motion is not in substantial compliance with Rule 3.850. Scott v. State, 364 So. 2d 67 (Fla. 4th DCA 1978).

Our affirmance is without prejudice to file a more properly drafted motion for collateral relief predicated on the same grounds. As we emphasized in Scott, supra, the recently adopted Rule 3.987, Fla.R. Cr.P., provides a complete fill-in-the-blanks type form to assist prisoners in preparing their 3.850 motions.

AFFIRMED.

DAUKSCH, MOORE and BERANEK, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Willey v. State, 403 So. 2d 1149 (Fla. 1st DCA 1981)
    …PER CURIAM. We affirm the lower court’s dismissal of appellant’s Motion for Mitigation and Sentence Reduction without prejudice to file a more properly drafted motion pursuant to Fla.R.Crim.P. 3.850. See Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979), and Swain v. State, 355 So. 2d 865 (Fla. 1st DCA 1978). Affirmed. SHAW and THOMPSON, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.…
  • Brooks v. State, 386 So. 2d 872 (Fla. 1st DCA 1980)
    …te whether an appeal was taken. Accordingly, the lower court’s order is affirmed. However, such affirmance is without prejudice to appellant to refile in compliance with Rule 3.850(b) and (c), Florida Rules of Criminal Procedure. Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979); Saxon v. State, 384 So. 2d 35 (Fla. 5th DCA 1980). McCORD, BOOTH and SHAW, JJ., concur.…
  • Evans v. State, 388 So. 2d 1366 (Fla. 5th DCA 1980)
    …ious post-conviction motion had been filed and, if so, how many. The order appealed is affirmed without prejudice to defendant’s filing a sufficient motion providing the required information raising the same substantive issues. See Catlett v. State, 367 So. 2d 735 (Fla. 4th [*1367] DCA 1979); Scott v. State, 364 So. 2d 67 (Fla. 4th DCA 1978). AFFIRMED. FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur. . Rule 9.140(g), Fla.R.App.P. . The rules provide a complete fill-in-the-blanks form to assist priso…

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