Public-domain · open source
OpenJurist

362 So. 2d 147

Blakely v. State

District Court of Appeal of Florida

Decided September 12, 1978

District Court of Appeal of Florida · decided 1978-09-12

Cited by 3 later decisions — most recently February 1983

2 state decisions

Relies on Swain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-12

View the full empirical analysis of this case →

PER CURIAM.

¶1This is an appeal from the denial of appellant’s motion to vacate, set aside, or correct a sentence pursuant to Florida Rule of Criminal Procedure 3.850 on the basis that the motion was not in compliance with the rule. Pursuant to Swain v. State, 355 So.2d 865 (Fla. 1st D.C.A. 1978), the denial of the motion was, in essence, a refusal to entertain the motion and we treat it as such.

¶2We, therefore, affirm without prejudice to appellant’s right to file a proper motion and obtain a ruling on the merits.

¶3AFFIRMED.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
/362/so2d/147 · .json · Public domain