CHARLES MCCAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1984-12-12
No. 84-2284
LETTS, HURLEY and DELL, JJ., concur.
459 So. 2d 1185 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Charles McCain appeals from the trial court’s order denying him post-judgment relief pursuant to Florida Rule of Criminal Procedure 3.850. Appellant’s motion failed to comply with the requirements set forth in Rule 3.850 and is therefore legally insufficient. We affirm the trial court’s denial of the motion without prejudice to appellant to file a motion in compliance with Rule 3.850. See Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979); Scott v. State, 364 So. 2d 67 (Fla. 4th DCA 1978).

LETTS, HURLEY and DELL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Brown v. State, 661 So. 2d 95 (Fla. 4th DCA 1995)
    …sidered a proper motion pursuant to rule 3.850. It was not under oath, nor did it include any of the requisite contents set out in rule 3.850(c). Thus, the trial court properly denied the motion based on its legal insufficiency. See McCain v. State, 459 So. 2d 1185 (Fla. 4th DCA 1984) (affirming the trial court’s denial of the appellant’s motion for post-conviction relief without prejudice to file a motion in compliance with rule 3.850, where the appellant failed to comply with the requirements set out in rule…
  • Morgan v. State, 805 So. 2d 1049 (Fla. 4th DCA 2002)
    …uirements set forth in rule 3.850 and is, therefore, legally insufficient. It also appears untimely. We affirm the trial court’s denial of the motion without prejudice to Appellant to file a motion in compliance with rule 3.850. See McCain v. State, 459 So. 2d 1185 (Fla. 4th DCA 1984); Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979); Scott v. State, 364 So. 2d 67 (Fla. 4th DCA 1978). Any such motion must be filed in the trial court no later than thirty days from the issuance of the mandate in this appeal.…

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