Public-domain · open source
OpenJurist

474 So. 2d 898

474 So.2d 898

10 Fla.L.Weekly 2032

Docket No. BF-296.

Rowe v. State

Jerry ROWE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 28, 1985.

District Court of Appeal of Florida · decided 1985-08-28

Cited by 8 later decisions — most recently June 1990

8 state decisions

Relies on 464 So. 2d 1171 - Scott v. State · 436 So. 2d 417 - McElroy v. State · Jarvis v. Jarvis

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-28

View the full empirical analysis of this case →

¶1*899 Jerry Rowe, pro se.

¶2Jim Smith, Atty. Gen., for appellee.

¶3MILLS, Judge.

¶4Rowe appeals from the summary denial of his motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850. We affirm, without prejudice to the filing of a properly drafted motion, properly sworn.

¶5Rowe's motion, alleging various grounds for relief, was stricken by the trial court because it was not under oath nor substantially in compliance with the criminal rules. A review of the motion reveals that it is not under oath, and that Rowe failed as well to mention previous appeals and their dispositions, as required by Rule 3.850(b), and to state the reason why the claims in the instant motion were not raised in a previous (October 1984) motion, as required by Rule 3.850(d). All of these omissions warrant the trial court's action in striking the motion. See McElroy v. State,436 So.2d 417 (Fla. 1st DCA 1983); Baker v. State,448 So.2d 36 (Fla. 1st DCA 1984); Scott v. State,464 So.2d 1171 (Fla. 1985).

¶6We therefore affirm without prejudice to the filing by Rowe of a motion which conforms to the criminal rules.

¶7BOOTH, C.J. and JOANOS, J., concur.

/474/so2d/898 · .json · Public domain