RICHARD A. HILLENGAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD A. HILLENGAS, APPELLANT,
STATE OF FLORIDA, APPELLEE
715 So. 2d 1143
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See § 924.051, Fla. Stat. (Supp.1996).
GOSHORN, PETERSON and ANTOON, JJ., concur.
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Citator
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Gonzalez v. State, 869 So. 2d 775 (Fla. 5th DCA 2004)…s dismissal of Gonzalez’ motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The dismissal is without prejudice to Gonzalez to refile a motion containing sworn, factual allegations. See Van Aernam v. State, 715 So. 2d 1143 (Fla. 5th DCA 1998). [*776] Gonzalez signed his motion below the following statement: Under penalties of perjury, I declare that I have read the foregoing motion and that the facts as stated in it are true. This affirmation would have been suffic…
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Fletcher v. State, 949 So. 2d 328 (Fla. 5th DCA 2007)…a new, properly sworn motion that contains factual allegations. See Gonzalez v. State, 869 So. 2d 775 (Fla. 5th DCA 2004); Creel v. State, 769 So. 2d 450 (Fla. 4th DCA 2000); Linton v. State, 721 So. 2d 743 (Fla. 5th DCA 1998); Van Aernam v. State, 715 So. 2d 1143 (Fla. 5th DCA 1998); Saba v. State, 677 So. 2d 41 (Fla. 5th DCA 1996). AFFIRMED. THOMPSON, TORPY and EVANDER, JJ., concur.…