Carver v. State

District Court of Appeal of Florida

Carver v. State

376 So. 2d 899, 1979 Fla. App. LEXIS 15782

District Court of Appeal of Florida·Decided November 7, 1979·No. No. 79-972·Published·Cited by 2 cases

Opinion

PER CURIAM.

Charles David Carver appeals from the denial of his petition for writ of habeas corpus, which was treated by the trial court as a Rule 3.850 motion. Although the allegations raised by the appellant appear to raise a legally meritorious point, we cannot consider the merits of the appellant’s arguments because his motion was not under oath as required by Rule 3.850. Under Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979), we must vacate the trial judge’s order disposing of the motion.

Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

GRIMES, C. J., and SCHEB and DAN-AHY, JJ., concur.

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

PER CURIAM.

Charles David Carver appeals from the denial of his petition for writ of habeas corpus, which was treated by the trial court as a Rule 3.850 motion. Although the allegations raised by the appellant appear to raise a legally meritorious point, we cannot consider the merits of the appellant’s arguments because his motion was not under oath as required by Rule 3.850. Under Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979), we must vacate the trial judge’s order disposing of the motion.

Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

GRIMES, C. J., and SCHEB and DAN-AHY, JJ., concur.

Carver v. State, 376 So. 2d 899, 1979 Fla. App. LEXIS 15782 (Fla. Ct. App. 1979).

Pincite

376 So. 2d 899 (Carver v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related