McKee v. State

District Court of Appeal of Florida

McKee v. State

506 So. 2d 478, 12 Fla. L. Weekly 1150, 1987 Fla. App. LEXIS 7951

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1987

DocketNo. BO-455

StatusPublished

This text of 506 So. 2d 478 (McKee 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

McKee v. State, 506 So. 2d 478, 12 Fla. L. Weekly 1150, 1987 Fla. App. LEXIS 7951 (Fla. Ct. App. 1987).

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Opinion

SMITH, Judge.

Since appellant’s motion for postconviction relief was not under oath as required by Florida Rule of Criminal Procedure [479]*4793.850, the trial court properly denied his motion. Scott v. State, 464 So.2d 1171 (Fla.1985). Appellant may therefore refile his sworn motion alleging, as he did in the present motion, that his plea was involuntary due to his counsel’s erroneous advice as to the consequences of his plea. In the event the trial judge again finds the motion without merit based on the record, the motion may be summarily denied only if the trial judge attaches to his order portions of the record which conclusively demonstrate that appellant is entitled to no relief.

AFFIRMED.

SHIVERS and WENTWORTH, JJ., concur.

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SMITH, Judge.

Since appellant’s motion for postconviction relief was not under oath as required by Florida Rule of Criminal Procedure [479]*4793.850, the trial court properly denied his motion. Scott v. State, 464 So.2d 1171 (Fla.1985). Appellant may therefore refile his sworn motion alleging, as he did in the present motion, that his plea was involuntary due to his counsel’s erroneous advice as to the consequences of his plea. In the event the trial judge again finds the motion without merit based on the record, the motion may be summarily denied only if the trial judge attaches to his order portions of the record which conclusively demonstrate that appellant is entitled to no relief.

AFFIRMED.

SHIVERS and WENTWORTH, JJ., concur.

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Bluebook (online)

506 So. 2d 478, 12 Fla. L. Weekly 1150, 1987 Fla. App. LEXIS 7951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-state-fladistctapp-1987.

Opinion

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