Courson v. State, No. 95-387

CourtCourt of Appeal of Florida (US)
Writing for the CourtW. SHARP
Citation652 So.2d 512
Parties20 Fla. L. Weekly D797 Daniel COURSON, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 95-387
Decision Date31 March 1995

Page 512

652 So.2d 512
20 Fla. L. Weekly D797
Daniel COURSON, Appellant,
v.
STATE of Florida, Appellee.
No. 95-387.
District Court of Appeal of Florida,
Fifth District.
March 31, 1995.

Daniel C. Courson, Lake City, pro se.

No Appearance for appellee.

W. SHARP, Judge.

Courson appeals the summary denial of his motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850 for post-conviction relief. He seeks belated appeals for sentences imposed in two criminal cases. He entered guilty pleas in both cases, was adjudicated an habitual offender, and was sentenced to ten years and twenty-five years, respectively. In his motion, Courson concludes he is entitled to belated direct appeals. We reverse.

The trial court denied the 3.850 motion because Courson failed to alleged in his sworn pleading that he instructed his attorney to file the appeals within the time permitted under Florida Rule of Criminal Procedure 3.850(g). In Courson's supplemental

Page 513

memorandum, which was filed with his motion, these missing allegations are sufficiently made, but the memorandum does not contain a proper oath that the alleged facts are true and correct. The trial court therefore disregarded the memorandum, and did not hold a hearing to determine the veracity of the facts asserted.

However, the appendix to the memorandum does contain a sworn affidavit prepared by Courson in which he alleges that on the sentencing date in each case, he requested defense counsel to appeal the sentence imposed. These sworn allegations should have been included in the 3.850 motion, and the trial court cannot be faulted for overlooking the affidavit. Nevertheless, we conclude that the sworn allegations attached to the memorandum are sufficient to require further proceedings. We therefore reverse the order denying relief and remand for an evidentiary hearing on the ineffective assistance of counsel claim.

REVERSED and REMANDED.

GOSHORN and GRIFFIN, JJ., concur.

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5 practice notes
  • Trowell v. State, No. 95-3082
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1998
    ...1st DCA 1994); Hudson v. State, 596 So.2d 1213 (Fla. 1st DCA 1992); Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995); Gunn v. State, 612 So.2d 643 (Fla. 4th DCA 1993), on remand, 643 So.2d 677 (Fla. 4th DCA 1994); Viqueira v. Roth, 591 S......
  • State v. Trowell, No. 92,393.
    • United States
    • United States State Supreme Court of Florida
    • May 27, 1999
    ...failed to file the appeal as requested, but not specifying whether the defendant had pleaded guilty or gone to trial); Courson v. State, 652 So.2d 512, 512 (Fla. 5th DCA 1995) (remanding for evidentiary hearing on ineffective assistance of counsel claim where defendant who pleaded guilty al......
  • Carter v. State, No. 95-2895
    • United States
    • Court of Appeal of Florida (US)
    • February 20, 1996
    ...and correct, these allegations sufficiently raised the issue. See Myers v. State, 539 So.2d 525 (Fla. 1st DCA 1989); Courson v. State, 652 So.2d 512 (Fla. 5th DCA REVERSED and REMANDED for further proceedings. ERVIN, MINER, and WEBSTER, JJ. ...
  • Wood v. State Of Fla., No. 5D08-2960.
    • United States
    • Court of Appeal of Florida (US)
    • April 30, 2010
    ...(holding that the trial court may only consider postconviction motions and supporting memoranda if properly sworn); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995) (holding that the trial court correctly ignored an unsworn memorandum but erred in disregarding sworn allegations in an aff......
  • Request a trial to view additional results
5 cases
  • Trowell v. State, No. 95-3082
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1998
    ...1st DCA 1994); Hudson v. State, 596 So.2d 1213 (Fla. 1st DCA 1992); Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995); Gunn v. State, 612 So.2d 643 (Fla. 4th DCA 1993), on remand, 643 So.2d 677 (Fla. 4th DCA 1994); Viqueira v. Roth, 591 S......
  • State v. Trowell, No. 92,393.
    • United States
    • United States State Supreme Court of Florida
    • May 27, 1999
    ...failed to file the appeal as requested, but not specifying whether the defendant had pleaded guilty or gone to trial); Courson v. State, 652 So.2d 512, 512 (Fla. 5th DCA 1995) (remanding for evidentiary hearing on ineffective assistance of counsel claim where defendant who pleaded guilty al......
  • Carter v. State, No. 95-2895
    • United States
    • Court of Appeal of Florida (US)
    • February 20, 1996
    ...and correct, these allegations sufficiently raised the issue. See Myers v. State, 539 So.2d 525 (Fla. 1st DCA 1989); Courson v. State, 652 So.2d 512 (Fla. 5th DCA REVERSED and REMANDED for further proceedings. ERVIN, MINER, and WEBSTER, JJ. ...
  • Wood v. State Of Fla., No. 5D08-2960.
    • United States
    • Court of Appeal of Florida (US)
    • April 30, 2010
    ...(holding that the trial court may only consider postconviction motions and supporting memoranda if properly sworn); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995) (holding that the trial court correctly ignored an unsworn memorandum but erred in disregarding sworn allegations in an aff......
  • Request a trial to view additional results

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