ULYSSES DRAKE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Ulysses Drake, Jr., appeals from the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without discussion the trial court’s denial of relief to Drake on all the issues raised in his original motion for postconviction relief. In addition, we affirm the trial court’s denial of relief on the sole issue raised in Drake’s amended motion for postconviction relief because that amended motion was not under oath as required by rule 3.850(c).
However, the trial court should have offered Drake the opportunity to refile his motion under oath. See Anderson v. State, 627 So. 2d 1170 (Fla.1993). Therefore, we affirm the trial court’s order without prejudice to Drake’s right to file his amended motion under oath with the trial court within thirty days from the date of issuance of the mandate in this appeal.
PARKER, A.C.J., and FULMER and WHATLEY, JJ., Concur.
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State v. Hearns, 961 So. 2d 211 (Fla. 2007)…ence.” That holding conflicts with cases from other courts of appeal. See Jenkins v. State, 884 So. 2d 1014 (Fla. 1st DCA 2004); State v. Crenshaw, 792 So. 2d 582 (Fla. 2d DCA 2001); Brown v. State, 789 So. 2d 366 (Fla. 2d DCA 2001); Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000); Branch v. State, 790 So. 2d 437 (Fla. 1st DCA 2000). We resolve these conflicts by (A) examining the relevant statutes involved in this case; (B) reviewing the test we articulated in Perkins for determining whether an offense i…1 / 2
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Gayson Mills v. State, 822 So. 2d 1284 (Fla. 2002)…See Brown v. State, 789 So. 2d 366 (Fla. 2d DCA) (applying prison releasee reoffender statute), review denied, 796 So. 2d 535 (Fla.2001); Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000) (applying habitual felony offender statute); Spann v. State, 772 So. 2d 38, 39-40 (Fla. 4th DCA 2000) (applying prison releasee reoffender statute); King v. State, 763 So. 2d 546 (Fla. 5th DCA 2000) (applying habitual felony offender statute); cf. also Grant v. State, 770 So. 2d 655, 658 (Fla.2000) (approving imposition of…
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Roberts v. State, 923 So. 2d 578 (Fla. 5th DCA 2006)…sell v. State, 813 So. 2d 130, 131 (Fla. 2d DCA 2002): With respect to double enhancements, the double jeopardy clause does no more than prevent the sentencing court from prescribing greater punishment than the legislature intended. Spann v. State, 772 So. 2d 38, 39 (Fla. 4th DCA 2000) (quoting State v. Smith, 547 So. 2d 613, 614 (Fla.1989)). In addressing a similar issue, the supreme court has concluded that where two enhancement provisions serve different purposes and the legislature has not indicated tha…
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- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)