Legal Opinion

Gonzalez v. State

District Court of Appeal of Florida

Decided April 16, 2004No. 5D04-782PublishedCited by 2 opinions

1Opinion of the Court

869 So.2d 775 (2004)

Jose A. GONZALEZ, Appellant,

v.

STATE of Florida, Appellee.

No. 5D04-782.

District Court of Appeal of Florida, Fifth District.

April 16, 2004.

Jose A. Gonzalez, Wewahithcka, pro se.

No Appearance for Appellee.

SHARP, W., J.

We affirm the trial court's dismissal of Gonzalez' motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The dismissal is without prejudice to Gonzalez to refile a motion containing sworn, factual allegations. See Van Aernam v. State, 715 So.2d 1143 (Fla. 5th DCA 1998).

Gonzalez signed his motion below the following…

2Cases cited5 opinions

  1. Lambert v. StateDistrict Court of Appeal of Florida · 1994
  2. Oramas v. StateDistrict Court of Appeal of Florida · 1993
  3. Miller v. StateDistrict Court of Appeal of Florida · 2003
  4. Van Aernam v. StateDistrict Court of Appeal of Florida · 1998
  5. Woodson v. StateDistrict Court of Appeal of Florida · 2004

3Cited by2 opinions

  1. Cosby v. StateDistrict Court of Appeal of Florida · 2005
  2. Fletcher v. StateDistrict Court of Appeal of Florida · 2007

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