CURTIS CREEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CURTIS CREEL, APPELLANT,
STATE OF FLORIDA, APPELLEE
769 So. 2d 450
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Curtis Creel appeals the order that summarily denied his postconviction motion. The trial court adopted the state’s response that the motion did not include a proper oath, but did not follow the state’s recommendation that denial be without prejudice to file a new motion that cures the defect.
We affirm without prejudice for Creel to file a new motion that is properly sworn. This motion is to be filed no later than thirty days after the issuance of the mandate in this appeal. We refer Creel to the wording of the oaths contained in the model form set out in Florida Rule of Criminal Procedure 3.986.
DELL, STEVENSON and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Deryck Katwaroo v. State, 837 So. 2d 612 (Fla. 5th DCA 2003)…PER CURIAM. The trial court’s order dismissing defendant’s rule 3.850 motion is affirmed without prejudice to defendant filing a timely motion with either a sworn oath or a declaration. See, e.g., Creel v. State, 769 So. 2d 450 (Fla. 4th DCA 2000) (affirming summary denial of postconviction motion that failed to include a proper oath; affirmance [*613] without prejudice to defendant filing properly sworn motion). AFFIRMED. SAWAYA, ORFINGER and TORPY, JJ., concur.…
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Fletcher v. State, 949 So. 2d 328 (Fla. 5th DCA 2007)…e under oath as required. See Fla. R.Crim. P. 3.850(c). Thus, we affirm without prejudice for Fletcher to file 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.…