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Osceola v. State

761 So. 2d 1170, 2000 Fla. App. LEXIS 7231, 2000 WL 763765
CourtDistrict Court of Appeal of Florida
DecidedJune 14, 2000
DocketNo. 4D99-3018
StatusPublished

This text of 761 So. 2d 1170 (Osceola 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
Osceola v. State, 761 So. 2d 1170, 2000 Fla. App. LEXIS 7231, 2000 WL 763765 (Fla. Ct. App. 2000).

Opinion

PER CURIAM.

Affirmed. As to point I, see Heaton v. State, 711 So.2d 1157 (Fla. 4th DCA 1998) and as to point II, see Gaber v. State, 684 So.2d 189 (Fla.1996). With respect to the ineffectiveness claim raised in point III, the motion is legally insufficient to warrant relief because it fails to give any supporting facts. See Ragsdale v. State, 720 So.2d 203, 207 (Fla.1998); Vento v. State, 621 So.2d 493 (Fla. 4th DCA 1993). While supporting facts are stated in the supporting memorandum of law, the memorandum is not properly sworn and thus the facts recited therein could not be considered by [1171]*1171the court. See McBride v. State, 524 So.2d 1113, 1113 (Fla. 4th DCA 1988). The affir-mance on point III is without prejudice to appellant filing, within 30 days of this opinion, a properly sworn motion for postcon-viction relief containing specific facts. See Steele v. State, 705 So.2d 1058, 1059 (Fla. 4th DCA 1998).

WARNER, C.J., STEVENSON and HAZOURI, JJ., concur.

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Related

Vento v. State
621 So. 2d 493 (District Court of Appeal of Florida, 1993)
Heaton v. State
711 So. 2d 1157 (District Court of Appeal of Florida, 1998)
Ragsdale v. State
720 So. 2d 203 (Supreme Court of Florida, 1998)
Gaber v. State
684 So. 2d 189 (Supreme Court of Florida, 1996)
Steele v. State
705 So. 2d 1058 (District Court of Appeal of Florida, 1998)
McBride v. State
524 So. 2d 1113 (District Court of Appeal of Florida, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
761 So. 2d 1170, 2000 Fla. App. LEXIS 7231, 2000 WL 763765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osceola-v-state-fladistctapp-2000.