CHARLES PEEPLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES PEEPLES, APPELLANT,
STATE OF FLORIDA, APPELLEE
645 So. 2d 555
Florida District Court of Appeal, Second District (1994)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Charles Peeples appeals the denial, by stamp, of his motion brought pursuant to Florida Rule of Criminal Procedure 3.800(a). Since Peeples’ motion is not properly sworn, we reverse and remand for entry of an order dismissing Peeples’ motion without prejudice to refile a properly sworn motion. See Williams v. State, 561 So. 2d 1349 (Fla. 1st DCA 1990).
HALL, A.C.J., and PATTERSON and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)…ion of the Second District Court of Appeal passing upon the following question certified to be of great public importance: DOES FLORIDA’S BURGLARY STATUTE REQUIRE THAT THE “CURTI-LAGE” BE ENCLOSED AND, IF SO, TO WHAT EXTENT? See Hamilton v. State, 645 So. 2d 555, 561 (Fla. 2d DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the affirmative and approve the definition of curtilage contained in the instructions prepared by the Committee on Standard Jury Instru…
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Avila v. State, 745 So. 2d 983 (Fla. 4th DCA 1999)…e manslaughter is not a lesser-included offense to the degree of homicide charged, as in second-degree felony murder, there is no logical basis for requiring instruction on the definitions of excusable and justifiable homicide. In Hamilton v. State, 645 So. 2d 555 (Fla. 2d DCA 1994), opinion modified on other grounds, 660 So. 2d 1038 (Fla.1995), also a second-degree felony murder case, the district court rejected, without further comment, the defendant’s similar claim of error in the failure to give an instru…
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Bain v. State, 650 So. 2d 83 (Fla. 4th DCA 1995)…sentenced for trespass, which is the relief expressly sought in appellant’s initial brief. There was no proof that the defendant entered the school cafeteria nor any curtilage, the building not having been enclosed in any manner. Hamilton v. State, 645 So. 2d 555 (Fla.2d DCA 1994); State v. Rolle, 577 So. 2d 997 (Fla. 4th DCA 1991); DeGeorge v. State, 358 So. 2d 217 (Fla. 4th DCA 1978); Fla.Std. Jury Inst. (Crim.) 135, 135-36.1 On remand, we caution the trial court against making the same errors when rese…
Authorities Cited
- Williams v. State, 561 So. 2d 1349 (Fla. 1st DCA 1990)