Clouthier v. State

District Court of Appeal of Florida

Clouthier v. State

375 So. 2d 874, 1979 Fla. App. LEXIS 15601

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1979

DocketNo. 78-1773

StatusPublished

Cited by1 cases

This text of 375 So. 2d 874 (Clouthier 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

Clouthier v. State, 375 So. 2d 874, 1979 Fla. App. LEXIS 15601 (Fla. Ct. App. 1979).

Pincite

Opinion

RYDER, Judge.

Wayne Charles Clouthier appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge’s order disposing of the motion because the motion was not under oath.

Fla.R.Crim.P. 3.850 specifically provides that a motion for post-conviction relief, submitted pursuant thereto, “shall be under oath.” We believe this requirement to be an absolute prerequisite to the trial court’s consideration of any such motion as it is the only effective way to prevent the use of false allegations in motions for post-conviction relief. Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979).

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.

HOBSON, Acting C. J., and OTT, J., concur.

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