ROBERT BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT BROWN, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
620 So. 2d 1076
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
[*1077] PER CURIAM.
Robert Brown, Jr. appeals the summary denial of his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. The un-sworn memoranda attached to the motion, rather than the motion, contain the facts in support of appellant’s allegations. The court correctly refused to entertain the memoranda and denied the motion as facially insufficient. See Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA1984).
Accordingly, we affirm the order without prejudice to appellant’s filing a properly sworn motion.
DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Monty Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998)…ctual oath being set forth in the second document, we 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 prop…
-
Beck v. State, 801 So. 2d 964 (Fla. 2d DCA 2001)…in the motion and also added new claims of ineffectiveness of counsel, such as [*965] counsel s failure to investigate self-defense as a defense. The memoranda were un-sworn, and the trial court properly refused to consider them. See Brown v. State, 620 So. 2d 1076 (Fla. 2d DCA 1993). We affirm the order of the trial court without prejudice to Beck to refile the motion and the memoranda with the proper oaths included. See Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998); Brown, 620 So. 2d 1076. Beck shall hav…1 / 2
Authorities Cited
- Klein v. Advance Mortg. Corp., 450 So. 2d 601 (Fla. 4th DCA 1984)