Public-domain · open source
OpenJurist

388 So. 2d 1366

Docket No. 80-1108.

Evans v. State

Joseph Lee EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 15, 1980.

District Court of Appeal of Florida · decided 1980-10-15

Cited by 4 later decisions — most recently March 1995

4 state decisions

Relies on 364 So. 2d 67 - Scott v. State · Catlett v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-15

View the full empirical analysis of this case →

¶1Joseph Lee Evans, pro se.

¶2No appearance for appellee.

¶3COBB, Judge.

¶4This is an appeal[1] from a summary denial of a Rule 3.850, Florida Rules of Criminal Procedure motion for post-conviction relief on the grounds that the 3.850 motion did not comply with the model form.[2] Contrary to the requirements of Rule 3.850, the motion did not state whether there was an appeal from the judgment or sentence and the disposition thereof, nor did the motion state whether a previous post-conviction motion had been filed and, if so, how many. The order appealed is affirmed without prejudice to defendant's filing a sufficient motion providing the required information raising the same substantive issues. See Catlett v. State,367 So.2d 735 (Fla. 4th *1367 DCA 1979); Scott v. State,364 So.2d 67 (Fla. 4th DCA 1978).

¶5AFFIRMED.

¶6FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

NOTES

¶7[1] Rule 9.140(g), Fla.R.App.P.

¶8[2] The rules provide a complete fill-in-the-blanks form to assist prisoners in preparing 3.850 motions.

/388/so2d/1366 · .json · Public domain