RONALD FARAH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the order of the trial court denying Appellant’s Motion to Vacate and Set Aside Sentence as being legally insufficient. See State v. Shearer, 628 So. 2d 1102 (Fla.1993)(requiring such motions contain either a “Notarized Oath” or “Unnotarized Oath.”) and Brown v. State, 661 So. 2d 95 (Fla. 4th DCA 1995)(holding the trial court properly denied defendant’s motion as legally insufficient because it was neither under oath nor included the requisite contents set out in rule 3.850(c), Fla.R.App.P.) Furthermore, Appellant is procedurally barréd from filing his 3.850 motion because his failure to file within the two-year time period is not based on “facts which were unknown to the defendant or his attorney, and could not have been ascertained by due diligence.” Rule 3.850(b)(1).
We also deny Petitioner’s writ for error coram nobis which he filed pursuant to Wood v. State, 750 So. 2d 592.(Fla.1999). See Hallman v. State, 371 So. 2d 482 (Fla.1979),
Affirmed and Denied.
STONE, KLEIN andHAZOURI, JJ., concur.
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Seagrave v. State, 802 So. 2d 281 (Fla. 2001)…that conviction for attempted sexual battery for the intentional touching of the minor victim’s chest and genital area constituted sexual contact to warrant the assessment of victim injury points under the sentencing guidelines); Blackburn v. State, 762 So. 2d 989, 990 (Fla. 5th DCA 2000) (holding that defendant’s rubbing of his erect penis on the victim’s clothed back in violation of section 800.04(1) constituted sexual contact for purposes of assessing victim injury points); Vural v. State, 717 So. 2d 65, 6…
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Norris Williams v. State, 819 So. 2d 884 (Fla. 4th DCA 2002)…counsel or could not have been ascertained by due diligence. See Hallman v. State, 371 So. 2d 482 (Fla.1979), abrogated on other grounds, Jones v. State, 591 So. 2d 911 (Fla.1991); Donton v. State, 810 So. 2d 525 (Fla. 1st DCA 2002); Farah v. State, 762 So. 2d 989 (Fla. 4th DCA 2000). See also State v. Perry, 786 So. 2d 554 (Fla.2001); Baker v. State, 805 So. 2d 968 (Fla. 2d DCA 2001). Further, appellant’s challenge to his pleas for failure to advise him of the possible consequence of enhancement of a futur…
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Altman v. State, 852 So. 2d 870 (Fla. 4th DCA 2003)…DCA 2000), wherein we held that touching the victim’s chest through her shirt, along with touching her stomach and genital area, involved sexual contact for which victim injury points were properly scored. Id. at 931-32; see also Blackburn v. State, 762 So. 2d 989, 990 (Fla. 5th DCA 2000)(holding that defendant’s act of rubbing his erect penis on the victim’s clothed back while in a department store" in violation of section 800.04(1), constituted sexual contact for proper assessment of victim injury points);…
Authorities Cited
- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Hallman v. State, 371 So. 2d 482 (Fla. 1979)
- State v. Shearer, 628 So. 2d 1102 (Fla. 1993)
- State v. Harris, 661 So. 2d 95 (Fla. 4th DCA 1995)
- Brown v. State, 661 So. 2d 95 (Fla. 4th DCA 1995)