Lawson v. State
| Decision Date | 08 March 2000 |
| Docket Number | No. 4D00-179.,4D00-179. |
| Citation | 754 So.2d 86 |
| Parties | Harold LAWSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Harold Lawson, Madison, pro se.
No appearance required for appellee.
Harold Lawson (appellant) appeals from an order entered November 8, 1999, in the Broward County circuit court, summarily denying his motion for postconviction relief, made pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant's motion was procedurally defective in that it was not under oath. The trial court's summary denial adopted the state's response, which recommended denying the motion without prejudice to refiling a timely and properly sworn motion. The court's denial did not address appellant's right to refile a properly sworn motion.
Appellant's failure to meet the oath requirement warranted a dismissal without prejudice. See Anderson v. State, 627 So.2d 1170, 1171 (Fla.1993). Accordingly, we affirm without prejudice to the appellant's timely refiling of a properly sworn motion. See, e.g., Steele v. State, 705 So.2d 1058 (Fla. 4th DCA 1998); Brown v. State, 661 So.2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So.2d 602 (Fla.1996); Stoutamire v. State, 710 So.2d 744 (Fla. 1st DCA 1998).
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Kleckley v. State, 4D03-2759.
...after the date of the opinion, his motion for postconviction relief in compliance with the rule. See id. at 737 (citing Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000)). Kleckley claims to have timely filed the motion that was not received by the lower court. As there exists a good faith ......
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State v. Fraser, 4D06-4994.
...for postconviction relief be sworn. See Fla. R.Crim. P. 3.850(c). Unsworn motions are properly dismissed. See, e.g., Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000). Further, to be entitled to postconviction relief as a consequence of the trial court's claimed failure to advise of the pos......
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Butler v. State, 4D06-1300.
...signature, and which otherwise comports with the requirements of Florida Rule of Criminal Procedure 3.850(c). See Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000); see also McNeil v. State, 676 So.2d 48 (Fla. 1st DCA STEVENSON, C.J., WARNER and TAYLOR, JJ., concur. ...