WILLIAM ROKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Oath Of Office cases and more on FLexlaw
The trial court’s summary denial of appellant’s successive, untimely, and frivolous rule 3.850 motion is affirmed. Appellant claimed that the circuit court lacked jurisdiction, and that his conviction was void, because the oath of office and appointment of the assistant state attorney who filed the information was not recorded in the circuit court’s records. The allegation that the information was not properly signed or verified is frivolous and not a ground for postconviction relief. See Logan v. State, 1 So.3d 1253 (Fla. 4th DCA 2009). An information may not be attacked on the ground it was not properly signed or verified once a defendant pleads to the merits. Fla. R.Crim. P. 3.140(g); see also Fla. R.Crim. P. -3.140(o).
Appellant is cautioned that continued abuse of the postconviction process by filing frivolous or repetitive motions and/or appeals will result in sanctions. State v. Spencer, 751 So.2d 47 (Fla.1999); Thurston v. State, 920 So.2d 1229 (Fla. 4th DCA 2006).
Affirmed.
STEVENSON, HAZOURI and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Holley v. State, 128 So. 3d 111 (Fla. 4th DCA 2013)…tatutes. His argument is lacking in any arguable merit and is frivolous. The argument is similar to postconviction claims seeking to vacate convictions on the ground that the charging document was not properly signed or verified. See Roker v. State, 25 So. 3d 647, 647 (Fla. 4th DCA 2010); Logan v. State, 1 So. 3d 1253, 1254 (Fla. 4th DCA 2009).2 This court has referred prisoners raising such frivolous challenges for disciplinary proceedings. E.g., Smith v. State, 120 So. 3d 155 (Fla. 4th DCA 2013); Collins v…
-
Smith v. State, 120 So. 3d 155 (Fla. 4th DCA 2013)
-
State v. Subi Titus, 70 So. 3d 763 (Fla. 4th DCA 2011)…ity. The court may make new findings based upon sworn allegations in which to determine whether the defendant has met his “burden of showing that disclosure of the Cl’s identity is necessary to a specific and available defense .... ” State v. Rivas, 25 So. 3d 647, 651 (Fla. 4th DCA 2010). If so, the court should then, “conduct an in camera hearing to determine if the Cl has anything relevant and helpful to say before ordering disclosure of the Cl’s identity.” Id. Petition granted. MAY, C.J., POLEN an…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009)
- Thurston v. State, 920 So. 2d 1229 (Fla. 4th DCA 2006)