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Oramas v. State

District Court of Appeal of Florida, Second District
Mar 19, 1993
615 So. 2d 853 (Fla. Dist. Ct. App. 1993)

Summary

holding that a rule 3.850 motion is facially insufficient where it is based on facts contained in an unsworn memorandum of law

Summary of this case from Miller v. State

Opinion

No. 93-00688.

March 19, 1993.

Appeal from the Circuit Court, Hillsborough County, Debra Behnke, J.


Jesus Oramas appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion did not contain any facts in support of the allegations set out and so was properly denied by the circuit court as facially insufficient. The defendant had submitted a memorandum of law in addition to his motion, which contained factual allegations which formed the basis for the relief sought. However, the memorandum of law did not contain the proper oath in derogation of Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984).

Accordingly, we affirm the denial of the appellant's motion for postconviction relief without prejudice to the appellant's right to seek relief upon a properly sworn motion.

CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.


Summaries of

Oramas v. State

District Court of Appeal of Florida, Second District
Mar 19, 1993
615 So. 2d 853 (Fla. Dist. Ct. App. 1993)

holding that a rule 3.850 motion is facially insufficient where it is based on facts contained in an unsworn memorandum of law

Summary of this case from Miller v. State

In Oramas, 615 So.2d at 854, we upheld a dismissal for facial insufficiency where the postconviction court refused to consider the movant's unsworn memorandum.

Summary of this case from Stevens v. State
Case details for

Oramas v. State

Case Details

Full title:JESUS MORENO ORAMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 19, 1993

Citations

615 So. 2d 853 (Fla. Dist. Ct. App. 1993)

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