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Catches v. State

706 So. 2d 941, 1998 Fla. App. LEXIS 2231, 1998 WL 85505
CourtDistrict Court of Appeal of Florida
DecidedMarch 3, 1998
DocketNo. 97-4880
StatusPublished

This text of 706 So. 2d 941 (Catches 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
Catches v. State, 706 So. 2d 941, 1998 Fla. App. LEXIS 2231, 1998 WL 85505 (Fla. Ct. App. 1998).

Opinion

PER CURIAM.

The postconviction motion filed, pursuant to Florida Rule of Criminal Procedure 3.850, did not contain the proper oath. See Gorham v. State, 494 So.2d 211 (Fla.1986); Scott v. State, 464 So.2d 1171 (Fla.1985) (use of the qualifying words “to the best of [my] knowledge” renders oath improper under 3.850). Therefore, we affirm the trial court’s dismissal based on facial insufficiency. Our affir-mance is without prejudice to appellant filing with the trial court a timely postconvietion motion which complies with the requirements set forth in rule 3.850.

BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.

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Related

Gorham v. State
494 So. 2d 211 (Supreme Court of Florida, 1986)
Scott v. State
464 So. 2d 1171 (Supreme Court of Florida, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
706 So. 2d 941, 1998 Fla. App. LEXIS 2231, 1998 WL 85505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catches-v-state-fladistctapp-1998.