Daniels v. State, 83-2762
| Decision Date | 30 May 1984 |
| Docket Number | No. 83-2762,83-2762 |
| Citation | 450 So.2d 601 |
| Parties | Walter DANIELS, a/k/a Henry Johnson, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Walter Daniels, a/k/a Henry Johnson, pro se, appellant.
No appearance on behalf of appellee.
We affirm the denial of defendant's motion for post-conviction relief for two reasons. First, the motion contains insufficient facts to warrant an evidentiary hearing. See Knight v. State, 394 So.2d 997 (Fla.1981). Second, although defendant's "Memorandum of Law," submitted with the motion for post-conviction relief contains additional, but unsworn, factual allegations, Rule 3.850, Fla.R.Crim.P., requires that the motion contain "[a] brief statement of facts" and that "the motion shall be under oath." (emphasis supplied). See also Goldstein v. State, 453 So.2d 69 (Fla. 4th DCA 1984). Therefore, the trial court properly disregarded the unsworn supplemental factual allegations in defendant's accompanying memorandum.
Today's decision is without prejudice to the defendant's right to seek post-conviction relief in compliance with Rule 3.850, Fla.R.Crim.P.
To continue reading
Request your trial
-
Poly v. State, 87-0171
...not cured by the additional but unsworn factual allegations contained in a memorandum of law attached to the motion. Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984). The court correctly denied the motion for those Despite its finding of the insufficiency of the motion, the court proceed......
-
Peavy v. State, 90-03754
...basis for the relief sought. The motion was therefore facially insufficient and correctly denied by the trial court. Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984); McBride v. State, 524 So.2d 1113 (Fla. 4th DCA 1988); see also Myers v. State, 539 So.2d 525, 526, n. 2 (Fla. 1st DCA Acc......
-
Steele v. State, 97-3979
...oaths. See Thomas v. State, 686 So.2d 699 (Fla. 4th DCA 1996); McBride v. State, 524 So.2d 1113 (Fla. 4th DCA 1988); Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984). GLICKSTEIN, WARNER and POLEN, JJ., ...
-
McBride v. State, 87-1703
...the factual allegations which petitioner asserts in support of his motion for post-conviction relief. We held in Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984) that an unsworn memorandum cannot be considered by the trial court. In Daniels, we affirmed the trial court's denial of the mo......