BILLY JOE LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the summary denial of the motion for post-conviction relief is affirmed because the motion failed to comply with rule requirements.
Appellant filed a motion for post-conviction relief that was not under oath, failed to provide information about previous appeals or motions, and lack…
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MINER, Judge.
Billy Joe Long appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without prejudice to the filing of a properly drafted motion.
According to rule 3.850, motions for post-conviction relief must be under oath. The motion must include information concerning the judgment and sentence under attack, whether an appeal was taken, and whether previous post-conviction motions were filed. Fla.R.Crim.P. 3.850(a)-(c). A brief statement of the facts relied upon in support of the motion must also be provided. Fla.R.Crim.P. 3.850(f). This court has affirmed 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 prejudice to file a properly drafted motion.
Affirmed.
BOOTH and JOANOS, JJ., concur.
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Mitchell v. State, 581 So. 2d 990 (Fla. 1st DCA 1991)…sufficient. A 3.850 motion requires allegations which are more than mere conclusions. Flint v. State, 561 So. 2d 1343 (Fla. 1st DCA 1990). Accordingly, we affirm without prejudice to Mitchell’s right to file a properly drafted motion. Long v. State, 555 So. 2d 434 (Fla. 1st DCA 1990). EEYIN and WOLF, JJ., concur.…
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Basilisco v. State, 570 So. 2d 430 (Fla. 1st DCA 1990)…PER CURIAM. AFFIRMED without prejudice to appellant’s right to file a motion for post-conviction relief which conforms to Florida Rule of Criminal Procedure 3.850. See Long v. State, 555 So. 2d 434 (Fla. 1st DCA 1990). ERVIN, WIGGINTON and MINER, JJ., concur.…
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Drew v. Dep't OF Corr., 297 F.3d 1278 (11th Cir. 2002)…ction motions on the ground of facial insufficiency are without prejudice to the movant's ability to refile his claims.” Magistrate's Report and Recommendation at 6 (citing Flint v. State, 561 So. 2d 1343, 1344 (Fla.Dist.Ct.App.1990); Long v. State, 555 So. 2d 434, 435 (Fla.Dist.Ct.App.1990)). In its brief to this Court, Florida suggests that its about-face in state court'is explained by Drew’s unanticipated omission of an allegation from his third state motion that the facts on which it was based were previo…
Authorities Cited
- Jodie Leon Hoewischer v. State, 474 So. 2d 898 (Fla. 1st DCA 1985)
- Rowe v. State, 474 So. 2d 898 (Fla. 1st DCA 1985)
- Jarvis v. Jarvis, 448 So. 2d 36 (Fla. 1st DCA 1984)
- Baker v. State, 448 So. 2d 36 (Fla. 1st DCA 1984)
- Cherry v. State, 526 So. 2d 1071 (Fla. 1st DCA 1988)