SHELTON DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-09-04
No. 96-1207
ALLEN, WEBSTER and MICKLE, JJ., concur,
678 So. 2d 530 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We construe the motion filed by appellant in the trial court as one seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. However, the motion was not properly verified under oath. Gorham v. State, 494 So. 2d 211 (Fla.1986); Scott v. State, 464 So. 2d 1171 (Fla.1985); Fla. R.Crim. P. 3.987. Accordingly, the motion was legally insufficient. Therefore, the order denying the motion is affirmed,

AFFIRMED

ALLEN, WEBSTER and MICKLE, JJ., concur,


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  • Thenious Smith v. Moore, 782 So. 2d 955 (Fla. 1st DCA 2001)
    …on was affirmed. See Smith v. State, 655 So. 2d 1271 (Fla. 1st DCA 1995). In 1997, Appellant filed a motion for relief pursuant to Fla. R.Crim. P. 8.850 which was denied. See Smith v. State, 725 So. 2d 1189 (Fla. 1st DCA 1998)(citing Dixon v. State, 678 So. 2d 530 (Fla. 1st DCA 1996) (Appellant’s motion not properly verified)). In December of 1999, Appellant filed a motion for relief pursuant to Fla. R.Crim. P. 3.800 which was denied on the basis that the motion was not the proper venue to argue that a senten…
  • Thenious Smith v. State, 725 So. 2d 1189 (Fla. 1st DCA 1998)
    …PER CURIAM. AFFIRMED. See Dixon v. State, 678 So. 2d 530 (Fla. 1st DCA 1996). KAHN, BENTON and VAN NORTWICK, JJ., concur.…
  • Geary W. Senterfitt v. Oaks, 775 So. 2d 431 (Fla. 1st DCA 2001)
    …mended motion for enforcement and contempt and motion for attorney’s "fees and costs is not an "affidavit of [a] person having knowledge of the facts.” Fla.R.Crim.P. 3.840(a); see Baker v. Green, 732 So. 2d 6, 7 (Fla. 4th DCA 1999); B.L.J. v. State, 678 So. 2d 530, 530 (Fla. 1st DCA 1996); Hunt v. State, 659 So. 2d 363, 364 (Fla. 1st DCA 1995). Nor does the record we have contain an order stating the essential facts constituting the alleged criminal contempt and directing Mr. Senterfitt to appear before the c…

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