JOHN WESLEY PEAVY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This cause is before us on appeal from a summary denial of appellant’s motion for postconviction relief based on newly-discovered evidence. Florida Rule .of Criminal Procedure 3.850 provides that any motion shall provide a brief statement of facts relied upon in support of the motion and shall be under oath. Appellant’s motion contained no facts but incorporated by reference an unsworn memorandum of law containing the factual allegations which formed the basis for the relief sought. The motion was therefore facially insufficient and correctly denied by the trial court. Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984); McBride v. State, 524 So. 2d 1113 (Fla. 4th DCA 1988); see also Myers v. State, 539 So. 2d 525, 526, n. 2 (Fla. 1st DCA 1989).
Accordingly, we affirm the denial of appellant’s motion for' postconviction relief without prejudice to appellant’s right to seek relief upon a properly sworn motion. Any subsequent motion filed, must be considered by the trial court in light of the recent Supreme Court decision in Jones v. State, 591 So. 2d 911 (Fla.1991).
BOOTH, WOLF and KAHN, JJ., concur.
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Love v. State, 623 So. 2d 1221 (Fla. 1st DCA 1993)…Therefore, we affirm without reaching the merits of appellant’s allegations. See Scott v. State, 464 So. 2d 1171 (Fla.1985); Black v. State, 610 So. 2d 89 (Fla. 1st DCA 1992); Woolbright v. State, 606 So. 2d 379 (Fla. 1st DCA 1992); Peavy v. State, 599 So. 2d 234 (Fla. 1st DCA 1992). Accordingly, the trial court’s order denying the motion for post-conviction relief is affirmed without prejudice to appellant to present his claims in a properly sworn motion. SMITH, JOANOS and WOLF, JJ., concur.…
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Raines v. State, 625 So. 2d 104 (Fla. 1st DCA 1993)…which memorandum is not under oath; and the memorandum mentions that Raines entered guilty pleas but fails to indicate whether the pleas or sentences were pursuant to the terms of a negotiated plea agreement and the contents thereof. Peavy v. State, 599 So. 2d 234 (Fla. 1st DCA 1992); Young v. State, 585 So. 2d 1184 (Fla. 5th DCA 1991); Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984). However, because the circuit court did not rule the motion to be facially insufficient, we affirm with leave for Raines t…
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Melton v. State, 720 So. 2d 577 (Fla. 1st DCA 1998)…. However, the rehearing motion was not under oath, and therefore the trial court was not required to consider the additional facts raised therein to support that claim. See, e.g., Raines v. State, 625 So. 2d 104 (Fla. 1st DCA 1993); Peavy v. State, 599 So. 2d 234 (Fla. 1st DCA 1992) (posteonvietion claims are facially deficient when factual allegations forming the basis of the relief sought are set forth in an accompanying memorandum of law which is not under oath as required by rule 3.850). Accordingly, our…
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- Jones v. State, 591 So. 2d 911 (Fla. 1991)
- Klein v. Advance Mortg. Corp., 450 So. 2d 601 (Fla. 4th DCA 1984)
- Myers v. State, 539 So. 2d 525 (Fla. 1st DCA 1989)
- Alphonso McBRIDE v. State, 524 So. 2d 1113 (Fla. 4th DCA 1988)