JESUS MORENO ORAMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-03-19
No. 93-00688
CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.
615 So. 2d 853 Florida District Court of Appeal, Second District (1993) Caution
Cited by 8 cases


Opinion of the Court
PER CURIAM.

[*854] PER CURIAM.

Jesus Oramas appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion did not contain any facts in support of the allegations set out and so was properly denied by the circuit court as facially insufficient. The defendant had submitted a memorandum of law in addition to his motion, which contained factual allegations which formed the basis for thé relief sought. However, the memorandum of law did not contain the proper oath in derogation of Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984).

Accordingly, we affirm the denial of the appellant’s motion for postconviction relief without prejudice to the appellant’s right to seek relief upon a properly sworn motion.

CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • Poiteer v. State, 627 So. 2d 526 (Fla. 2d DCA 1993)
    …ion of a firearm during the commission of the robbery.” 589 So. 2d at 1375. The district court concluded that Bell’s assertion, if true, constituted fundamental error. This court has previously determined that it will follow Bell. Anfield v. State, 615 So. 2d 853 (Fla.2d DCA 1993); Ahedo v. State, 603 So. 2d 80 (Fla.2d DCA 1992).1 However, the present case suggests the need to explain our position. We hold that the absence of a factual basis during a plea colloquy, or the failure to make specific findings re…
  • Brown v. State, 633 So. 2d 112 (Fla. 2d DCA 1994)
    …0 (Fla. 2d DCA 1993) (rule 3.800 motion alleging that minimum mandatory was illegal because state failed to show that robbery was committed with firearm and that factual basis existed to impose such on defendant's plea to robbery); Anfield v. State, 615 So. 2d 853 (Fla. 2d DCA 1993) ("motion to correct sentence" alleging that sentence was illegal because defendant did not carry firearm during commission of offense); Ahedo v. State, 603 So. 2d 80 (Fla. 2d DCA 1992) (motion filed pursuant to rule 3.850 challeng…
  • Monty Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998)
    …do not know whether or not Pavey’s oath met this requirement. The trial court was correct to deny Pavey’s motion even though one document out of two did contain a proper oath. See Brown v. State, 620 So. 2d 1076 (Fla. 2d DCA 1993); Oramas v. State, 615 So. 2d 853 (Fla. 2d DCA 1993). Accordingly, we affirm the trial court’s order of dismissal, but, as the trial court did, do so without prejudice to Pavey to refile the motion and memorandum of law with proper oaths. Since it appears that the two-year time li…

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