WAYNE RALEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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MONACO, J.
Wayne Raley seeks a writ of habeas corpus for a belated appeal. Unfortunately, Mr. Raley’s petition is not sworn with the necessary sufficiency. His unnotarized oath simply says, “I swear that the factual allegations set out in paragraphs 1-6 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 oath.
PETITION DENIED without prejudice.
GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 78 So. 3d 706 (Fla. 1st DCA 2012)…line to do so because the allegations in the response are facially insufficient as a petition for a belated appeal, in that they lack the required specificity and are not made subject to a proper oath. See Fla. R.App. P. 9.141(c)(3); Raley v. State, 884 So. 2d 501, 501 (Fla. 5th DCA 2004) (holding, in the context of a petition for belated appeal, that “an oath not acknowledging that it is made subject to the laws governing perjury is insufficient”). Thus, it does not set forth a prima facie case for relief.…
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Milliken v. State, 925 So. 2d 1130 (Fla. 5th DCA 2006)…464 So. 2d 1171 (Fla.1985). Accordingly, we deny the petition without prejudice to Mr. Milliken to file a new petition containing sufficient allegations and a sufficient oath. See Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005); Raley v. State, 884 So. 2d 501 (Fla. 5th DCA 2004). PETITION DENIED WITHOUT PREJUDICE. PLEUS, C.J., PALMER and MONACO, JJ., concur.…
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Stacii Lewis v. State, 908 So. 2d 1173 (Fla. 3d DCA 2005)…ida Statutes (2005). However, the Petitioner failed to sign the oath. Accordingly, we deny the petition for belated appeal without prejudice to the Petitioner to file a new petition containing a sufficient oath. Fla. R.App. P. 9.141; Raley v. State, 884 So. 2d 501 (Fla. 5th DCA 2004). Petition denied without prejudice.…
Authorities Cited
- Armey v. State, 880 So. 2d 1269 (Fla. 2d DCA 2004)
- Royce M. Reed v. State, 880 So. 2d 1269 (Fla. 3d DCA 2004)
- Young v. State, 786 So. 2d 641 (Fla. 4th DCA 2001)