MICHAEL ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL ALLEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
857 So. 2d 277
Florida District Court of Appeal, Second District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to any right Allen might have to file a motion pursuant to Florida Rule of Criminal Procedure 3.800(a). See Smith v. State, 824 So. 2d 263 (Fla. 2d DCA 2002); Durr v. State, 773 So. 2d 644 (Fla. 5th DCA 2000).
CASANUEVA, CANADY, and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005)…led to do so.” State v. Trowell, 739 So. 2d 77, 81 (Fla.1999) (emphasis added). Additionally, Moore’s oath is legally insufficient as he states that his representations are “true and correct to the best of [his] knowledge.” See Cherryhomes v. State, 857 So. 2d 277, 277 n. 1 (Fla. 2d DCA 2003) (finding that defendant’s affirmation that statement made in rule 3.850 motion are true “to the best of my knowledge and belief’ does not constitute an adequate oath). For these reasons, we deny Moore’s petition seekin…
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Burgess v. State, 862 So. 2d 943 (Fla. 2d DCA 2004)…(b)(3), (4). Our affirmance is without prejudice to any right Burgess may have to file a facially sufficient motion within sixty days from the date of the issuance of the mandate in this case. See Saffold, 850 So. 2d at 577-78; Cherryhomes v. State, 857 So. 2d 277 (Fla. 2d DCA 2003). Affirmed. FULMER, VILLANTI, and WALLACE, JJ., Concur.…
Authorities Cited
- Durr v. State, 773 So. 2d 644 (Fla. 5th DCA 2000)
- Smith v. State, 824 So. 2d 263 (Fla. 2d DCA 2002)