JOHNNY L. COACH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHNNY L. COACH, APPELLANT,
STATE OF FLORIDA, APPELLEE
453 So. 2d 148
Florida District Court of Appeal, First District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s rule 3.850 motion, including the sworn memorandum of law, is facially insufficient for failure to allege specific facts in support of the allegations of ineffective assistance of counsel. Rule 3.850(e), Fla.R.Crim.P.; see, Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984).
AFFIRMED without prejudice to refile a motion that fully complies with rule 3.850.
SMITH, JOANOS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Irby v. State, 454 So. 2d 757 (Fla. 1st DCA 1984)…nly conclusions of law. The assertion of conclusions of law without specific allegations of fact in support is not adequate in making a claim for relief under Rule 3.850. See McElroy v. State, 436 So. 2d 417, 418 (Fla. 1st DCA 1983); Moore v. State, 453 So. 2d 148 (Fla. 1st DCA 1984) (opinion filed July 13, 1984). These defects render the motion facially insufficient, see Evans v. State, 393 So. 2d 80, 81 (Fla. 5th DCA 1981).' The proper method by which to raise allegations of ineffective assistance of coun…
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Tucker v. State, 503 So. 2d 433 (Fla. 3d DCA 1987)…; Witt v. State, 465 So. 2d 510 (Fla.1985); Smith v. State, 457 So. 2d 1380 (Fla.1984); Jones v. State, 446 So. 2d 1059 (Fla.1984); Christopher v. State, 416 So. 2d 450 (Fla.1982); State v. Stirrup, 469 So. 2d 845 (Fla. 3d DCA 1985); Moore v. State, 453 So. 2d 148 (Fla. 1st DCA 1984); Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981).…
Authorities Cited
- Klein v. Advance Mortg. Corp., 450 So. 2d 601 (Fla. 4th DCA 1984)