JAMES R. BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1984-03-27
No. AV-455
MILLS and WENTWORTH, JJ., and McCORD (Retired), Associate Judge, concur.
448 So. 2d 36 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court’s order of 19 October 1983, denying appellant’s Rule 3.850 motion dated 27 July 1983, is affirmed. The Rule 3.850 motion is not in substantial compliance with the provisions of the Rule in that it is not under oath and fails to contain the information required by paragraphs (b) and (c) of the Rule. See Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979).

AFFIRMED.

MILLS and WENTWORTH, JJ., and McCORD (Retired), Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Rowe v. State, 474 So. 2d 898 (Fla. 1st DCA 1985)
    …stant motion were not raised in a previous (October 1984) motion, as required by Rule 3.850(d). All of these omissions warrant the trial court’s action in striking the motion. See McElroy v. State, 436 So. 2d 417 (Fla. 1st DCA 1983); Baker v. State, 448 So. 2d 36 (Fla. 1st DCA 1984); Scott v. State, 464 So. 2d 1171 (Fla.1985). We therefore affirm without prejudice to the filing by Rowe of a motion which conforms to the criminal rules. BOOTH, C.J. and JOANOS, J., concur.…
  • Long v. State, 555 So. 2d 434 (Fla. 1st DCA 1990)
    …irmed the summary denial of motions for post-conviction relief where the motion failed to meet the requirements of the rule. See Cherry v. State, 526 So. 2d 1071 (Fla. 1st DCA 1988); Rowe v. State, 474 So. 2d 898 (Fla. 1st DCA 1985); Baker v. State, 448 So. 2d 36 (Fla. 1st DCA 1984). In the instant case, appellant’s motion is not under oath, fails to provide information concerning a previous appeal or motion, and fails to provide sufficient facts. Thus, the order denying relief is affirmed, without prejudi…
  • McWILLIAMS v. State, 469 So. 2d 229 (Fla. 2d DCA 1985)
    …tion for post-conviction relief. Appellant’s motion was facially insufficient because appellant failed to make the motion under oath and state whether he had taken an appeal as required under Florida Rule of Criminal Procedure 3.850. Baker v. State, 448 So. 2d 36 (Fla. 1st DCA 1984). However, we cannot consider the correctness of the judge’s ruling which found that appellant was entitled to eighty days of jail credit time because the judge failed to attach a copy of the portion of the record which conclusi…

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