Cunningham v. State

District Court of Appeal of Florida

Cunningham v. State

464 So. 2d 1359, 10 Fla. L. Weekly 735, 1985 Fla. App. LEXIS 12986

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1985

DocketNo. 85-450

StatusPublished

Cited by1 cases

This text of 464 So. 2d 1359 (Cunningham 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

Cunningham v. State, 464 So. 2d 1359, 10 Fla. L. Weekly 735, 1985 Fla. App. LEXIS 12986 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

This is an appeal from a denial of Motion for Post-conviction Relief brought pursuant to Florida Rule of Criminal Procedure 3.850. It was denied without an evidentia-ry hearing and without stated reasons.

It is basic that a trial court order is presumed to be correct and that it will be affirmed if there is a legal basis for it. The motion itself is unsworn and in gross violation of the requirements of Florida Rule of Criminal Procedure 3.850. It does not refer to exhibits. The mentioned deficiencies justify the trial court order denying post-conviction relief.

Affirmed.

DOWNEY, HURLEY and WALDEN, JJ., concur.

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