450 SO2D 601 - Daniels v. State

How this case has been cited

Cited by 20 later decisions — most recently October 2008

20 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *602 Walter Daniels, a/k/a Henry Johnson, pro se, appellant.

¶2No appearance on behalf of appellee.

¶3PER CURIAM.

¶4We affirm the denial of defendant's motion for post-conviction relief for two reasons. First, the motion contains insufficient facts to warrant an evidentiary hearing. See Knight v. State,394 So.2d 997 (Fla. 1981). Second, although defendant's "Memorandum of Law," submitted with the motion for post-conviction relief contains additional, but unsworn, factual allegations, Rule 3.850, Fla.R.Crim.P., requires that the motion contain "[a] brief statement of facts" and that "the motion shall be under oath." (emphasis supplied). See also Goldstein v. State,453 So.2d 69 (Fla. 4th DCA 1984). Therefore, the trial court properly disregarded the unsworn supplemental factual allegations in defendant's accompanying memorandum.

¶5Today's decision is without prejudice to the defendant's right to seek post-conviction relief in compliance with Rule 3.850, Fla.R.Crim.P.

¶6Accordingly, the trial court's decision is

¶7AFFIRMED.

¶8LETTS, GLICKSTEIN and HURLEY, JJ., concur.