Mengore v. State

District Court of Appeal of Florida

Mengore v. State

718 So. 2d 368, 1998 Fla. App. LEXIS 12320, 1998 WL 670437

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 1998

DocketNo. 98-2934

StatusPublished

Cited by1 cases

This text of 718 So. 2d 368 (Mengore 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.

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Mengore v. State, 718 So. 2d 368, 1998 Fla. App. LEXIS 12320, 1998 WL 670437 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Appellant Michael David Mengore appeals a trial court order denying his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. His motion was properly verified, but the factual allegations in his memorandum of law contained a defective verification clause in which he said that the statements were “true and correct to the best of my knowledge and belief.” See Scott v. State, 464 So.2d 1171 (Fla.1985); Hahn v. Frederick, 66 So.2d 823 (Fla.1953).

Accordingly, we affirm the trial court’s denial of post-conviction relief. This disposition is without prejudice to appellant’s right to timely resubmit the motion and memorandum with a proper oath.

GUNTHER, POLEN and TAYLOR, JJ., concur.

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PER CURIAM.

Appellant Michael David Mengore appeals a trial court order denying his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. His motion was properly verified, but the factual allegations in his memorandum of law contained a defective verification clause in which he said that the statements were “true and correct to the best of my knowledge and belief.” See Scott v. State, 464 So.2d 1171 (Fla.1985); Hahn v. Frederick, 66 So.2d 823 (Fla.1953).

Accordingly, we affirm the trial court’s denial of post-conviction relief. This disposition is without prejudice to appellant’s right to timely resubmit the motion and memorandum with a proper oath.

GUNTHER, POLEN and TAYLOR, JJ., concur.

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718 So. 2d 368, 1998 Fla. App. LEXIS 12320, 1998 WL 670437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mengore-v-state-fladistctapp-1998.

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