Legal Opinion

Orosco v. State

District Court of Appeal of Florida

Decided December 14, 2001No. 2D01-1827PublishedCited by 1 opinion

1Opinion of the Court

SALCINES, Judge.

Caesar Orosco appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.

Orosco’s retained counsel filed a motion entitled “Amended Motion to Withdraw Plea and Motion to Correct Illegal Sentence.” This motion was filed within the time limit imposed pursuant to Florida Rule of Criminal Procedure 3.850; however, it was not properly sworn. The trial court addressed only those claims that it thought were cognizable in a rule 3.800(a) motion but denied the rule 3.850 claims because the motion was unsworn.

In the…

2Cases cited6 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Murphy v. StateDistrict Court of Appeal of Florida · 2000
  3. Gaber v. StateSupreme Court of Florida · 1996
  4. Daniels v. StateDistrict Court of Appeal of Florida · 2000
  5. Lewis v. StateDistrict Court of Appeal of Florida · 1994

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3Cited by1 opinion

  1. Adam Benjamin Hunt v. StateDistrict Court of Appeal of Florida · 2014

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