JOHN EDWARD ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-04-17
No. 92-00844
LEHAN, Acting C.J., and FRANK and PATTERSON, JJ., concur.
598 So. 2d 148 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

[*149] PER CURIAM.

John Ross appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the appellant’s allegation regarding the voluntariness of his plea is facially sufficient, the motion did not contain an oath. See Scott v. State, 464 So. 2d 1171 (Fla.1985). We therefore affirm the summary denial without prejudice to the filing of a properly sworn motion. See McWilliams v. State, 469 So. 2d 229 (Fla. 2d DCA 1985).

LEHAN, Acting C.J., and FRANK and PATTERSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Black v. State, 610 So. 2d 89 (Fla. 1st DCA 1992)
    …re to attach this critical portion of the record, we must affirm the summary denial due to the insufficiency of the unsworn motion. See Scott v. State, 464 So. 2d 1171 (Fla.1985); Williams v. State, 580 So. 2d 624 (Fla. 1st DCA 1991); Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992). Accordingly, we affirm the denial of appellant’s motion without prejudice to the filing of a properly sworn motion. [*90] BOOTH and MINER, JJ., concur. BARFIELD, J., concurs with opinion.…
  • Ross v. State, 598 So. 2d 149 (Fla. 2d DCA 1992)
    …ppeals the summary denial of his motion to withdraw his plea. At the time the lower court considered the motion, an appeal from the summary denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 was pending. See Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992). Because the trial court lacked jurisdiction to consider the motion, we affirm. See State v. Meneses, 392 So. 2d 905 (Fla.1981); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla.1991).…
  • Mercedoine Allen v. State, 644 So. 2d 352 (Fla. 3d DCA 1994)
    …R CURIAM. We affirm the summary denial of defendant’s motion for postconviction relief without prejudice to defendant to refile a properly sworn motion pursuant to Fla.R.Crim.P. 3.850. See Scott v. State, 464 So. 2d 1171 (Fla.1985); Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992); Iyiola v. State, 530 So. 2d 999 (Fla. 3d DCA 1988). Affirmed.…

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