Carver v. State

District Court of Appeal of Florida

Carver v. State

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

CourtDistrict Court of Appeal of Florida

DecidedNovember 7, 1979

DocketNo. 79-972

StatusPublished

Cited by2 cases

This text of 376 So. 2d 899 (Carver 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.

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

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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.

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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.

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376 So. 2d 899, 1979 Fla. App. LEXIS 15782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carver-v-state-fladistctapp-1979.

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