STATE OF FLORIDA, APPELLANT,

v.

MICHAEL S. HARRIS, APPELLEE

Citator

Cited By (11 total)

• Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997)
  …eet total had been, as the defendant contends here, then that is an attack on the voluntary and intelligent character of'the plea which is a claim that must be brought by a timely 3.850 motion to withdraw the plea in the trial court. Brown v. State, 661 So. 2d 95 (Fla. 4th DCA 1995), review denied, 668 So. 2d 602 (Fla.1996); Barnes v. State, 643 So. 2d 83 (Fla. 3d DCA 1994); Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991); Simmons v. State, 579 So. 2d 874 (Fla. 1st DCA 1991). As stated above, this 3.850…
• Lawson v. State, 754 So. 2d 86 (Fla. 4th DCA 2000)
  …judice. See Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993). Accordingly, we affirm without prejudice to the appellant’s timely refiling of a properly sworn motion. See, e.g., Steele v. State, 705 So. 2d 1058 (Fla. 4th DCA 1998); Brown v. State, 661 So. 2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So. 2d 602 (Fla.1996); Stoutamire v. State, 710 So. 2d 744 (Fla. 1st DCA 1998). FARMER, KLEIN and HAZOURI, JJ„ concur.…
• Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996)
  …subsections of rule 3.850. Compare Kendall v. State, 619 So. 2d 515 (Fla. 4th DCA 1993) (failure of notary section of motion to comport with technical requirements of notary statute not basis for summary denial of 3.850 relief) with Brown v. State, 661 So. 2d 95 (Fla. 4th DCA 1995) (trial court properly denied motion as legally insufficient where it neither was under oath nor included requisite contents of rule 3.850(c)), review denied, 668 So. 2d 602 (Fla.1996). We agree, however, that the trial court’s or…

Authorities Cited

• State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994)
• State v. Myers, 644 So. 2d 535 (Fla. 4th DCA 1994)