DERYCK KATWAROO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DERYCK KATWAROO, APPELLANT,
STATE OF FLORIDA, APPELLEE
837 So. 2d 612
Florida District Court of Appeal, Fifth District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court’s order dismissing defendant’s rule 3.850 motion is affirmed without prejudice to defendant filing a timely motion with either a sworn oath or a declaration. See, e.g., Creel v. State, 769 So. 2d 450 (Fla. 4th DCA 2000) (affirming summary denial of postconviction motion that failed to include a proper oath; affirmance without prejudice to defendant filing properly sworn motion).
AFFIRMED.
SAWAYA, ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004)…0, Florida Statutes, which authorizes correctional officers to administer oaths. In this case there is no statement that the facts in the motion are true and correct. Therefore, the trial court’s order must be affirmed. See, e.g., Katwaroo v. State, 837 So. 2d 612 (Fla. 5th DCA 2003). This court’s records also establish that the defendant is appealing the revocation of probation entered on July 9, 2003. This is also the subject of his rule 3.850 motion. Although the appeal was dismissed on October 22, 2003,…
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Latarsa White v. State, 60 So. 3d 1101 (Fla. 5th DCA 2011)…aring is required to address this claim, it may not be raised in a rule 3.800(a) proceeding. See id. at 1251 n. 5. (recognizing limitations of rule 3.800(a) proceeding, including its general prohibition against evi-dentiary hearings); Gray v. State, 837 So. 2d 612 (Fla. 5th DCA 2003). Ms. White also alleged that her sentence does not accurately reflect the jail and prison credit that she has earned. The trial court’s order did not address this claim. Notwithstanding, Ms. White does not present a facially suf…
Authorities Cited
- Creel v. State, 769 So. 2d 450 (Fla. 4th DCA 2000)