Nwajei v. State

Citation964 So.2d 887
Decision Date26 September 2007
Docket NumberNo. 2D07-648.,2D07-648.
PartiesKessington NWAJEI, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

SALCINES, Judge.

Kessington Nwajei appeals the summary dismissal of his motion to vacate judgment that was treated as a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the dismissal because the motion did not include an oath as required by rule 3.850(c). See also Fla. R.Crim. P. 3.987 (providing two forms of the oath for use in rule 3.850 motions). This affirmance is without prejudice to Nwajei's right to refile a properly sworn motion within the time remaining under rule 3.850(b). Any such motion shall not be deemed successive.

Affirmed.

CASANUEVA and STRINGER, JJ., Concur.

To continue reading

Request your trial
3 cases
  • Walker v. State
    • United States
    • Court of Appeal of Florida (US)
    • December 21, 2007
  • Walker v. State
    • United States
    • Court of Appeal of Florida (US)
    • September 26, 2007
  • Bivens v. Sec'y, Fla. Dep't of Corr.
    • United States
    • U.S. District Court — Southern District of Florida
    • November 3, 2022
    ... ... at 20). On appeal, the Fourth District Court of ... Appeals affirmed without a written opinion on June 21, 2018 ... See Bivens v. State, 250 So.3d 680 (Fla. 4th DCA ... 2018). On July 5, 2018, Bivens filed a motion for rehearing ... (See ECF No. 8-1 at 105).[2]The Fourth ... Rules of Criminal Procedure; Dumel v. State, 183 ... So.3d 476, 477 (Fla. 3d DCA 2016); Nwajei v. State, ... 964 So.2d 887 (Fla. 2d DCA 2007). Aside from certifying ... “that the contents, and facts along with the exhibits ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT