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555 So. 2d 434

Long v. State

District Court of Appeal of Florida

Decided January 12, 1990

District Court of Appeal of Florida · decided 1990-01-12

Cited by 3 later decisions — most recently July 2002

1 federal appellate · 2 state decisions

Relies on 474 So. 2d 898 - Rowe v. State · Jarvis v. Jarvis · 526 So. 2d 1071 - Cherry v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-01-12

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MINER, Judge.

¶1Billy Joe Long appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without prejudice to the filing of a properly drafted motion.

¶2According to rule 3.850, motions for post-conviction relief must be under oath. The motion must include information concerning the judgment and sentence under attack, whether an appeal was taken, and whether previous post-conviction motions were filed. Fla.R.Crim.P. 3.850(a)-(c). A *435brief statement of the facts relied upon in support of the motion must also be provided. Fla.R.Crim.P. 3.850(f). This court has affirmed the summary denial of motions for post-conviction relief where the motion failed to meet the requirements of the rule. See Cherry v. State, 526 So.2d 1071 (Fla. 1st DCA 1988); Rowe v. State, 474 So.2d 898 (Fla. 1st DCA 1985); Baker v. State, 448 So.2d 36 (Fla. 1st DCA 1984).

¶3In the instant case, appellant’s motion is not under oath, fails to provide information concerning a previous appeal or motion, and fails to provide sufficient facts. Thus, the order denying relief is affirmed, without prejudice to file a properly drafted motion.

¶4Affirmed.

BOOTH and JOANOS, JJ., concur.
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