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Fletcher v. State

949 So. 2d 328, 2007 Fla. App. LEXIS 2609, 2007 WL 543008
CourtDistrict Court of Appeal of Florida
DecidedFebruary 23, 2007
DocketNo. 5D06-4176
StatusPublished

This text of 949 So. 2d 328 (Fletcher 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
Fletcher v. State, 949 So. 2d 328, 2007 Fla. App. LEXIS 2609, 2007 WL 543008 (Fla. Ct. App. 2007).

Opinion

PER CURIAM.

George Fletcher appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s decision because the motion was not made under oath as required. See Fla. R.Crim. P. 3.850(c). Thus, we affirm without prejudice for Fletcher to file a new, properly sworn motion that contains factual allegations. See Gonzalez v. State, 869 So.2d 775 (Fla. 5th DCA 2004); Creel v. State, 769 So.2d 450 (Fla. 4th DCA 2000); Linton v. State, 721 So.2d 743 (Fla. 5th DCA 1998); Van Aernam v. State, 715 So.2d 1143 (Fla. 5th DCA 1998); Saba v. State, 677 So.2d 41 (Fla. 5th DCA 1996).

AFFIRMED.

THOMPSON, TORPY and EVANDER, JJ., concur.

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Related

Gonzalez v. State
869 So. 2d 775 (District Court of Appeal of Florida, 2004)
Saba v. State
677 So. 2d 41 (District Court of Appeal of Florida, 1996)
Van Aernam v. State
715 So. 2d 1143 (District Court of Appeal of Florida, 1998)
Creel v. State
769 So. 2d 450 (District Court of Appeal of Florida, 2000)
Linton v. State
721 So. 2d 743 (District Court of Appeal of Florida, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
949 So. 2d 328, 2007 Fla. App. LEXIS 2609, 2007 WL 543008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-state-fladistctapp-2007.