Kendricks v. State

District Court of Appeal of Florida

Kendricks v. State

884 So. 2d 138, 2004 Fla. App. LEXIS 10459, 2004 WL 1562065

District Court of Appeal of Florida·Decided July 14, 2004·No. No. 2D04-95·Published

Opinion

CASANUEVA, Judge.

We affirm without prejudice to Ken-dricks’ right to refile his motion for post-conviction relief with proper oath. Since it appears that the two-year time limit for Kendricks to file a motion pursuant to Florida Rule of Criminal Procedure 3.850 has expired, Kendricks shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Pavey v. State, 720 So.2d 563 (Fla. 2d DCA 1998).

Affirmed without prejudice.

FULMER and STRINGER, JJ„ Concur.

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CASANUEVA, Judge.

We affirm without prejudice to Ken-dricks’ right to refile his motion for post-conviction relief with proper oath. Since it appears that the two-year time limit for Kendricks to file a motion pursuant to Florida Rule of Criminal Procedure 3.850 has expired, Kendricks shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Pavey v. State, 720 So.2d 563 (Fla. 2d DCA 1998).

Affirmed without prejudice.

FULMER and STRINGER, JJ„ Concur.

Kendricks v. State, 884 So. 2d 138, 2004 Fla. App. LEXIS 10459, 2004 WL 1562065 (Fla. Ct. App. 2004).

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Opinion

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