Long v. State

District Court of Appeal of Florida

Long v. State

555 So. 2d 434, 1990 Fla. App. LEXIS 167, 1990 WL 2072

CourtDistrict Court of Appeal of Florida

DecidedJanuary 12, 1990

DocketNo. 89-2479

StatusPublished

Cited by4 cases

This text of 555 So. 2d 434 (Long 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

Long v. State, 555 So. 2d 434, 1990 Fla. App. LEXIS 167, 1990 WL 2072 (Fla. Ct. App. 1990).

Pincite

Opinion

MINER, Judge.

Billy Joe Long appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without prejudice to the filing of a properly drafted motion.

According to rule 3.850, motions for post-conviction relief must be under oath. The motion must include information concerning the judgment and sentence under attack, whether an appeal was taken, and whether previous post-conviction motions were filed. Fla.R.Crim.P. 3.850(a)-(c). A [435]*435brief statement of the facts relied upon in support of the motion must also be provided. Fla.R.Crim.P. 3.850(f). This court has affirmed the summary denial of motions for post-conviction relief where the motion failed to meet the requirements of the rule. See Cherry v. State, 526 So.2d 1071 (Fla. 1st DCA 1988); Rowe v. State, 474 So.2d 898 (Fla. 1st DCA 1985); Baker v. State, 448 So.2d 36 (Fla. 1st DCA 1984).

In the instant case, appellant’s motion is not under oath, fails to provide information concerning a previous appeal or motion, and fails to provide sufficient facts. Thus, the order denying relief is affirmed, without prejudice to file a properly drafted motion.

Affirmed.

BOOTH and JOANOS, JJ., concur.

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

MINER, Judge.

Billy Joe Long appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without prejudice to the filing of a properly drafted motion.

According to rule 3.850, motions for post-conviction relief must be under oath. The motion must include information concerning the judgment and sentence under attack, whether an appeal was taken, and whether previous post-conviction motions were filed. Fla.R.Crim.P. 3.850(a)-(c). A [435]*435brief statement of the facts relied upon in support of the motion must also be provided. Fla.R.Crim.P. 3.850(f). This court has affirmed the summary denial of motions for post-conviction relief where the motion failed to meet the requirements of the rule. See Cherry v. State, 526 So.2d 1071 (Fla. 1st DCA 1988); Rowe v. State, 474 So.2d 898 (Fla. 1st DCA 1985); Baker v. State, 448 So.2d 36 (Fla. 1st DCA 1984).

In the instant case, appellant’s motion is not under oath, fails to provide information concerning a previous appeal or motion, and fails to provide sufficient facts. Thus, the order denying relief is affirmed, without prejudice to file a properly drafted motion.

Affirmed.

BOOTH and JOANOS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

555 So. 2d 434, 1990 Fla. App. LEXIS 167, 1990 WL 2072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-state-fladistctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack