JERMAINE D. LOGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jermaine Logan appealed the dismissal of his successive and untimely Rule 3.850 motion challenging the validity of the charging information on jurisdictional grounds. The Fourth District Court of Appeal affirmed the dismissal, holding that Logan's claims about alleged perjury in the information and lack of jurisdiction were procedurally barred and frivolous.
The court affirmed the dismissal of Logan's motion on procedural grounds, holding that the motion was untimely, successive, and an abuse of procedure. The court held that once a defendant pleads to the merits, objections to the form or verification of the information are barred, and allegations about the prosecutor's alleged failure to receive sworn testimony are not grounds for postconviction relief under Rule 3.850.
[1] A defendant waives objections to the form of an information by pleading to the merits.
[2] Defects in an information are grounds for dismissal only if they are so vague, indistinct, and indefinite as to mislead the accused or expose them to substantial danger o…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the motion was untimely, successive, and a clear abuse of procedure”
The court's holding that the motion was procedurally barred and could not be entertained on appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn May 2002, Logan robbed a 69-year-old woman at a gas station, grabbing her purse and dragging her to the ground, causing numerous injuries. Logan wa…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abuse Of Procedure cases and more on FLexlaw
Jermaine Logan appeals the dismissal of his untimely and successive rule 3.850 motion. We affirm.
On May 3, 2002, the victim, a 69 year-old woman, was waiting at a gas station for service on her car to be completed. Logan, whom the victim had seen standing around, grabbed her purse, knocked her to the ground, and dragged her while pulling on the purse until the purse straps broke. Logan then fled on foot. The victim sustained a dislocated shoulder, broken arm, abrasions to her face, a laceration to her lip, a larger bruise to her hip, and two teeth broken from her dentures. A customer chased after Logan on foot, while service station attendants pursued him by car. Logan was caught by police shortly after the robbery. He was not wearing the shirt or baseball cap he had on during the attack but was found in possession of the victim’s cell phone and $20. The victim’s purse was found in a ditch, along with Logan’s baseball cap. The cap contained DNA that matched Logan’s. The victim identified Logan at a show up, as did the other witnesses. While in jail, Logan wrote the victim a letter and called her house to say he was sorry.
In January 2003, Logan entered a no contest plea to aggravated battery on a person 65 or over and strong arm robbery, as charged in the information. He was sentenced to concurrent terms of thirty years in prison as a habitual felony offender. His conviction and sentence were affirmed on appeal. Logan v. State, 871 So.2d 893 (Fla. 4th DCA 2004). His previously filed rule 3.850 motion was denied and affirmed on appeal. Logan v. State, 945 So.2d 522 (Fla. 4th DCA 2006). Also, his rule 3.800(a) motion alleging multiple claims of an illegal sentence was denied and affirmed on appeal. Logan v. State, 979 So.2d 237 (Fla. 4th DCA 2008).
In June 2008, Logan filed the instant motion contending that the trial court lacked subject matter jurisdiction because the information was invalid. Logan alleged that the prosecutor who signed the information committed perjury because he stated under oath that he had received sworn testimony from material witnesses. See Fla. R.Crim. P. 3.140(g). Logan contended that this statement was false and that this invalidated the information. He asserted that he was not given sufficient notice of the charges, that the crime did not exist, and raised other related claims.
The trial court dismissed the motion in this case on procedural grounds. We affirm, because the motion was untimely, successive, and a clear abuse of procedure. Fla. R.Crim. P. 3.850(b); Fla. R.Crim. P. 3.850(f). Logan’s arguments regarding a purported deficiency in the information are frivolous.
Rule 3.140(g) provides that no objection to an information on the ground it is not signed or verified can be entertained “after the defendant pleads to the merits.” Further, Rule 3.140(o) provides:
(o) Defects and Variances. No indictment or information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the indictment or information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the indictment or information is so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of a defense or expose the accused after conviction or *1255acquittal to substantial danger of a new prosecution for the same offense.
Id. (emphasis supplied). The prosecutor’s alleged failure to have received sworn testimony from witnesses before filing the information in this case is wholly speculative and cannot be raised once a defendant has entered a plea to the merits of the charge. Such a claim is not grounds for postconviction relief.
Affirmed.
GROSS, C.J., FARMER and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (29 total)
-
McCUTCHEON v. State, 44 So. 3d 156 (Fla. 4th DCA 2010)…iled in 1989. See Fla. R.Crim. P. 3.140(g) (requiring a prosecutor filing an information to certify “that he or she has received testimony under oath from the material witness or witnesses for the offense”). This claim is frivolous. Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009) (recognizing that a postconviction motion which raised a similar claim was “untimely, successive, and a clear abuse of procedure.”). A defendant cannot object to an information on the ground it was not properly signed or verified…
-
Foss v. State, 24 So. 3d 1275 (Fla. 5th DCA 2009)…al witness in the case. This claim, as raised by the Appellant, is without merit because “no objection to an information on the ground that it is not signed or verified can be entertained ‘after the defendant pleads to the merits.’ ” Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009) (quoting rule 3.140(g)).2 The Appellant’s second point in his rule 3.850 motion is that he has found newly discovered evidence. His assertion is based on the fact that he successfully filed a rule 3.800(a) motion,3 which resulte…
-
Winton Roger Collins v. State, 97 So. 3d 305 (Fla. 4th DCA 2012)…firm the trial court’s denial of appellant’s untimely and successive motion for post-conviction relief. Appellant’s [*306] claims that the State Attorney committed perjury, and that the trial court lacked jurisdiction, are frivolous. Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009); Logan v. State, 21 So. 3d 917 (Fla. 4th DCA 2009). ' We have seen numerous post-conviction motions filed by prisoners arguing this same frivolous issue which attempts to challenge the conviction based on allegations that the s…
Previewing 3 of 29 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence