CHRISTOPHER YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-05-30
No. 4D01-586
STONE, POLEN, and FARMER, JJ„ concur.
786 So. 2d 641 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order summarily denying Appellant’s post-conviction motion. His unnotarized oath was insufficient because the language he used would not subject him to perjury charges if his factual allegations prove to be false. Affirmance is without prejudice to Appellant to file a new motion that includes one of the oaths found in Florida Rule of Criminal Procedure 3.987. The new motion must be filed within the time remaining under 3.850(b).

The order on appeal simply stated that the motion was denied. The trial court did not order a response from the state, attach record excerpts to refute Appellant’s factual allegations, or explain the reason for denial. If the court denies Appellant’s new motion, the order should show the reason.

STONE, POLEN, and FARMER, JJ„ concur.

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  • Raley v. State, 884 So. 2d 501 (Fla. 5th DCA 2004)
    …-6 are true.” While unquestionably section 92.525(2), Florida Statutes (2008), allows an unsworn oath to be used for these purposes, an oath not acknowledging that it is made subject to the laws governing perjury is insufficient. See Young v. State, 786 So. 2d 641 (Fla. 4th DCA 2001); Cf. Armey v. State, 880 So. 2d 1269 (Fla. 2d DCA Sept.1, 2004) (where motion was sworn under penalties of perjury). Accordingly, we deny the petition without prejudice to Mr. Raley to file a new petition containing a sufficient…
  • Pinder v. State, 804 So. 2d 350 (Fla. 4th DCA 2001)
    …hat Pinder used in his motion was not in the form set forth in Florida Statutes § 92.525 and Florida Rule of Criminal Procedure 3.987. Affirmance is without prejudice to appellant to file a new motion that includes a proper oath. See Young v. State, 786 So. 2d 641 (Fla. 4th DCA 2001). Because the time for seeking postconviction relief has expired, the new motion must be filed no later than thirty days after the issuance of the mandate in this appeal. AFFIRMED. POLEN, C.J., STONE and FARMER, JJ., concur.…

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