Truesdale v. State

District Court of Appeal of Florida

Truesdale v. State

627 So. 2d 1344, 1993 Fla. App. LEXIS 12961, 1993 WL 533808

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1993

DocketNo. 93-1605

StatusPublished

Cited by1 cases

This text of 627 So. 2d 1344 (Truesdale 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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Truesdale v. State, 627 So. 2d 1344, 1993 Fla. App. LEXIS 12961, 1993 WL 533808 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Tammy Truesdale appeals an order denying her request by letter for post conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Among other things, the letter states that: (1) Appellant entered a plea of guilty to the offense of solicitation to commit murder under duress caused by a judge’s secretary; (2) Appellant’s attorney failed to take any depositions of witnesses, failed to submit to the judge a statement made by Felix Williams in which Williams confessed that he had “set up” Appellant, and “misrepresented” Appellant in “declining to perform his professional duty accordingly”; and (3) some court papers incorrectly indicate that Appellant entered a plea to the offense of conspiracy to commit murder, instead of solicitation to commit murder.

The motion is facially insufficient in several respects. Among other things, it is not under oath; it does not specify whether any previous post convictions motions were filed; and it does not specify whether there was an appeal from the final judgment or sentence. Fla.R.Crim.P. 3.850; State v. Shearer, 628 So.2d 1102 (Fla.1993); Williams v. State, 561 So.2d 1349 (Fla. 1st DCA 1990); Young v. State, 585 So.2d 1184 (Fla. 5th DCA 1991). However, because the circuit court did not rule the motion to be facially insufficient, we affirm with leave for Truesdale to file an amended motion, if she so desires. Raines v. State, 625 So.2d 104 (Fla. 1st DCA 1993).

AFFIRMED.

ZEHMER, C.J., KAHN, J., and SHIVERS, Senior Judge, concur.

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PER CURIAM.

Tammy Truesdale appeals an order denying her request by letter for post conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Among other things, the letter states that: (1) Appellant entered a plea of guilty to the offense of solicitation to commit murder under duress caused by a judge’s secretary; (2) Appellant’s attorney failed to take any depositions of witnesses, failed to submit to the judge a statement made by Felix Williams in which Williams confessed that he had “set up” Appellant, and “misrepresented” Appellant in “declining to perform his professional duty accordingly”; and (3) some court papers incorrectly indicate that Appellant entered a plea to the offense of conspiracy to commit murder, instead of solicitation to commit murder.

The motion is facially insufficient in several respects. Among other things, it is not under oath; it does not specify whether any previous post convictions motions were filed; and it does not specify whether there was an appeal from the final judgment or sentence. Fla.R.Crim.P. 3.850; State v. Shearer, 628 So.2d 1102 (Fla.1993); Williams v. State, 561 So.2d 1349 (Fla. 1st DCA 1990); Young v. State, 585 So.2d 1184 (Fla. 5th DCA 1991). However, because the circuit court did not rule the motion to be facially insufficient, we affirm with leave for Truesdale to file an amended motion, if she so desires. Raines v. State, 625 So.2d 104 (Fla. 1st DCA 1993).

AFFIRMED.

ZEHMER, C.J., KAHN, J., and SHIVERS, Senior Judge, concur.

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627 So. 2d 1344, 1993 Fla. App. LEXIS 12961, 1993 WL 533808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truesdale-v-state-fladistctapp-1993.

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