ROBERT A. KENDRICKS, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-07-14
No. 2D04-95
FULMER and STRINGER, JJ„ Concur.
884 So. 2d 138 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 1 case
Opinion of the Court
CASANUEVA, Judge.

[*139] CASANUEVA, Judge.

We affirm without prejudice to Ken-dricks’ right to refile his motion for post-conviction relief with proper oath. Since it appears that the two-year time limit for Kendricks to file a motion pursuant to Florida Rule of Criminal Procedure 3.850 has expired, Kendricks shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998).

Affirmed without prejudice.

FULMER and STRINGER, JJ„ Concur.

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  • Wilson v. State, 942 So. 2d 451 (Fla. 1st DCA 2006)
    …to appellant’s filing a sworn, facially sufficient amended motion for postconviction relief in the trial court within thirty days of the issuance of this Court’s mandate. See Thompson v. State, 772 So. 2d 582 (Fla. 1st DCA 2000); Williams v. State, 884 So. 2d 138 (Fla. 2d DCA 2004). Any such motion shall not be deemed successive. We express no opinion as to the merits of appellant’s claims. LEWIS and THOMAS, JJ., concur. WOLF, J., dissents without opinion.…

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