Gonzalez v. State

Nelson GONZALEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided September 19, 2008.

District Court of Appeal of Florida · decided 2008-09-19

Cited by 3 later decisions — most recently March 2016

3 state decisions

Relies on Moore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-09-19

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¶1Nelson Gonzalez, Indiantown, for Petitioner.

¶2No Appearance for Respondent.

¶3PER CURIAM.

¶4Nelson Gonzalez petitions for a writ of habeas corpus to allow a belated appeal. We deny the petition without prejudice because the petition's oath is deficient. An affirmation that the statements made in the petition are "true and correct to the best of my knowledge" is not an adequate oath. Moore v. State,910 So.2d 947 (Fla. 5th DCA 2005). Gonzalez shall have thirty (30) days in which to file a legally sufficient amended petition.

¶5Petition for Writ of Habeas Corpus DENIED.

¶6GRIFFIN, TORPY and EVANDER, JJ., concur.