JAMES WITHROW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant’s motions for post conviction relief were dismissed by the trial court for lack of proper oaths. Scott v. State, 464 So.2d 1171 (Fla.1985). The orders did not permit amendment, contrary to the procedures announced in Spera v. State, 971 So.2d 754 (Fla.2007). However, we affirm the dismissal, which we will treat as a denial in these circumstances, because appellant did subsequently file motions with proper oaths, and more importantly, because his motions are without merit on their substance grounds. See Gusow v. State, 6 So.3d 699 (Fla. 4th DCA 2009); see also Major v. State, 814 So.2d 424 (Fla.2002) (holding that neither the trial court nor defense counsel has any duty to advise a defendant entering a plea that the plea may have sentencing enhancing consequences on a sentence imposed for a crime committed in the future).
GROSS, C.J., POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Delbert G. Hall v. State, 72 So. 3d 290 (Fla. 4th DCA 2011)…3d 221, 223 (Fla. 4th DCA 2010) (“[T]he trial court is not required to appoint conflict-free counsel unless both an adversary relationship exists and the defendant’s allegations are not conclusively refuted by the record.”); Lomelin-Flores v. State, 21 So. 3d 918, 919 (Fla. 4th DCA 2009) (“[W]e affirm the summary denial [of the pro se defendant’s motion to draw plea] as the claims asserted in the motion are either conclusively refuted by the record or facially insufficient.”). I would affirm.…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Daron Merritt v. State, 814 So. 2d 424 (Fla. 2002)
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)
- Gusow v. State, 6 So. 3d 699 (Fla. 4th DCA 2009)