Evans v. State, 80-1108
| Decision Date | 15 October 1980 |
| Docket Number | No. 80-1108,80-1108 |
| Citation | 388 So.2d 1366 |
| Parties | Joseph Lee EVANS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Joseph Lee Evans, pro se.
No appearance for appellee.
This is an appeal 1 from a summary denial of a Rule 3.850, Florida Rules of Criminal Procedure motion for post-conviction relief on the grounds that the 3.850 motion did not comply with the model form. 2 Contrary to the requirements of Rule 3.850, the motion did not state whether there was an appeal from the judgment or sentence and the disposition thereof, nor did the motion state whether a previous post-conviction motion had been filed and, if so, how many. The order appealed is affirmed without prejudice to defendant's filing a sufficient motion providing the required information raising the same substantive issues. See Catlett v. State, 367 So.2d 735 (Fla. 4th DCA 1979); Scott v. State, 364 So.2d 67 (Fla. 4th DCA 1978).
AFFIRMED.
2 The rules provide a complete fill-in-the-blanks form to assist prisoners in preparing 3.850 motions.
To continue reading
Request your trial
-
Martin v. State, 87-519
...5th DCA 1981). The motion failed to state whether an appeal or other post-conviction remedies had been undertaken, Evans v. State, 388 So.2d 1366 (Fla. 5th DCA 1980); Saxon v. State, 384 So.2d 35 (Fla. 5th DCA 1980), and it was not under oath. See Gorham v. State, 494 So.2d 211 (Fla.1986); ......
-
Burns v. State, 95-298
...postconviction motion has been filed, and if so, how many." See Daniels v. State, 597 So.2d 967 (Fla. 5th DCA 1992); Evans v. State, 388 So.2d 1366 (Fla. 5th DCA 1980). Moreover, several of the allegations in Appellant's Rule 3.850 motion are legally insufficient. If Appellant files an amen......
-
Evans v. State, 81-36
...Procedure 3.850, this court affirmed without prejudice to the defendant to raise the same issues in a proper motion. Evans v. State, 388 So.2d 1366 (Fla. 5th DCA 1980). Evans is now before this court on appeal of the denial of his subsequent motion for post-conviction relief allowed for by ......
-
Daniels v. State, 92-545
...the requirements of the rule in that there is no mention of any prior appeals or prior post-conviction motions. See Evans v. State, 388 So.2d 1366 (Fla. 5th DCA 1980). We therefore affirm the trial court on the present record without prejudice to Daniels to file a new motion in conformance ......