ROSHAN RAMKHALAWAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the unnotarized oath in the motion for post-conviction relief was valid, and that the appellant should have been granted leave to amend several claims of ineffective assistance of counsel.
Appellant filed a motion for post-conviction relief, which the trial court summarily denied for lack of a valid oath. The trial court also denied clai…
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Appellant appeals a circuit court order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 for lack of a valid oath. This was error because the unnotarized oath did comport with the requirements of rule 3.850 and the model form of rule 3.987, Florida Rule of Criminal Procedure.
The trial court did not consider appellant’s five claims of ineffective assistance of trial counsel on their merit. We find that ground four, ineffective assistance of trial counsel for failure to object to and preserve for appeal the issue of the trial court’s interruption of defense counsel’s closing arguments on reasonable doubt, to be largely repetitive of one of the claims *1242he raised and which was rejected on direct appeal. Also, we conclude that the claim is without merit as a matter of law. We therefore affirm the trial court’s summary denial of that claim under the tipsy coachman rule. See S & I Invs. v. Payless Flea Mkt., Inc., 36 So.3d 909, 913-14 n. 3 (Fla. 4th DCA 2010).
As for the remaining claims, the state conceded that appellant had the right to have leave to amend claim one under Spera v. State, 971 So.2d 754 (Fla.2007). We find this to be the case for claims two, three and five as well. Therefore, we reverse and remand to the trial court for further proceedings consistent with this opinion as to claims one, two, three and five, and affirm the circuit court’s summary denial of claim four.
Affirmed in part, reversed in part and remanded.
GROSS, C.J., TAYLOR and CIKLIN, JJ., concur.
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Citator
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Roshan Ramkhelawan v. State, 137 So. 3d 524 (Fla. 4th DCA 2014)…was summarily denied for lack of a valid oath. On appeal, we found that Defendant was entitled to have leave to amend under Spera v. State, 971 So. 2d 754 (Fla.2007), and we reversed and remanded [*525] four of the claims. See Ramkhalawan v. State, 50 So. 3d 1241 (Fla. 4th DCA 2011).1 A month after Defendant filed his amended motion on remand, he moved for leave to supplement the pending amended motion by adding a new claim. The trial court denied the motion for leave to supplement while the other four claim…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- S & I Invs. v. Payless Flea Mkt., Inc., 36 So. 3d 909 (Fla. 4th DCA 2010)