Saxon v. State, 80-170
| Decision Date | 30 April 1980 |
| Docket Number | No. 80-170,80-170 |
| Citation | 384 So.2d 35 |
| Parties | Leo Clyde SAXON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Leo Clyde Saxon, pro se.
Jim Smith, Atty. Gen., Tallahassee, and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for appellee.
The petitioner pro se appeals from an order of the trial court denying his petition to vacate his judgment and sentence. He claims his plea was not voluntarily entered, one of the express grounds for collateral attack set forth in Rule 3.850 of the Florida Rules of Criminal Procedure. Petitioner alleged he was ill and under heavy sedation. On the date he entered his "nolo" plea he had just been released from the hospital. He had a duodenal ulcer, suffered considerable bleeding, was "stabilized" in the hospital and released. The hospital records attached do not indicate whether pain-killers or sedatives were given to the petitioner.
The motion, however, is defective on its face because it does not state whether an appeal was taken, and whether other post-conviction remedies were sought, as required by Rule 3.850(b) and (c). We therefore affirm the lower court's order, but without prejudice to the petitioner to refile upon compliance with Rule 3.850(b) and (c). Catlett v. State, 367 So.2d 735 (Fla. 4th DCA 1979); Scott v. State, 364 So.2d 67 (Fla. 4th DCA 1978).
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Martin v. State, 87-519
...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); Scott v. State, 464 So.2d 1171 (Fla.1985). However......
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Jolly v. State
...was properly denied. The 3.800 motion as filed does not substantially comply with the requirements of rule 3.850. See Saxon v. State, 384 So.2d 35 (Fla. 5th DCA 1980). Even if we treated the motion as a 3.850 motion, we would set aside the judgment as well as the sentence, not merely remand......
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