Legal Opinion

Crumitie v. State

District Court of Appeal of Florida

Decided September 18, 1995No. 95-441PublishedCited by 1 opinion

1Opinion of the Court

WOLF, Judge.

Although appellant’s motion for postconvietion rehef was sworn to, the facts in support of the motion were set out in a separate memorandum of law which was not properly sworn to. We find the motion to be facially insufficient to support the granting of any rehef as ah material matters of record were contained in the improperly sworn-to memorandum of law. Jones v. State, 637 So.2d 999 (Fla. 1st DCA 1994); Rackley v. State, 20 Fla.L.Weekly D1716, — So.2d - [1995 WL 437266] (Fla. 1st DCA Jul. 26, 1995). Accordingly, we affirm the trial court’s ruling. This disposition is without…

2Cases cited3 opinions

  1. Schofield v. StateDistrict Court of Appeal of Florida · 1994
  2. Jones v. StateDistrict Court of Appeal of Florida · 1994
  3. Rackley v. StateDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Herndon v. StateDistrict Court of Appeal of Florida · 2000

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