Strother v. State

District Court of Appeal of Florida

Strother v. State

708 So. 2d 685, 1998 Fla. App. LEXIS 4374, 1998 WL 176718

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 1998

DocketNo. 97-3066

StatusPublished

This text of 708 So. 2d 685 (Strother 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

Strother v. State, 708 So. 2d 685, 1998 Fla. App. LEXIS 4374, 1998 WL 176718 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The appellant challenges an order by which his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 was summarily denied because of an improper oath. While the oath at the end of the motion on page 13 of the record is in proper form, the record at page 11 reflects an assertion, of sorts, based on “the best of his knowledge.” This qualification is inconsistent with the requirements of the rule. The order is affirmed without prejudice to the right of appellant to file a motion containing the proper oath.

BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.

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PER CURIAM.

The appellant challenges an order by which his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 was summarily denied because of an improper oath. While the oath at the end of the motion on page 13 of the record is in proper form, the record at page 11 reflects an assertion, of sorts, based on “the best of his knowledge.” This qualification is inconsistent with the requirements of the rule. The order is affirmed without prejudice to the right of appellant to file a motion containing the proper oath.

BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.

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Bluebook (online)

708 So. 2d 685, 1998 Fla. App. LEXIS 4374, 1998 WL 176718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strother-v-state-fladistctapp-1998.