Blakely v. State

District Court of Appeal of Florida

Blakely v. State

362 So. 2d 147, 1978 Fla. App. LEXIS 16602

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 1978

DocketNo. KK-89

StatusPublished

This text of 362 So. 2d 147 (Blakely v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blakely v. State, 362 So. 2d 147, 1978 Fla. App. LEXIS 16602 (Fla. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

This is an appeal from the denial of appellant’s motion to vacate, set aside, or correct a sentence pursuant to Florida Rule of Criminal Procedure 3.850 on the basis that the motion was not in compliance with the rule. Pursuant to Swain v. State, 355 So.2d 865 (Fla. 1st D.C.A. 1978), the denial of the motion was, in essence, a refusal to entertain the motion and we treat it as such.

We, therefore, affirm without prejudice to appellant’s right to file a proper motion and obtain a ruling on the merits.

AFFIRMED.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI