Legal Opinion

Vasquez v. State

District Court of Appeal of Florida

Decided March 26, 2008No. 2D07-2924PublishedCited by 1 opinion

1Opinion of the Court

DAVIS, Judge.

Edwin A. Vasquez appeals the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court found that while Vasquez’s rule 3.850 motion was properly sworn, the attached memorandum containing the supporting facts was not. Accordingly, the court dismissed Vasquez’s motion. See Miller v. State, 848 So.2d 401 (Fla. 2d DCA 2003). In this appeal, Vasquez asks this court to remand with instructions that the postcon-*1192viction court specify a time limit for him to refile. However, because we conclude that Vasquez…

2Cases cited2 opinions

  1. McCuiston v. StateDistrict Court of Appeal of Florida · 1987
  2. Miller v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Counts v. StateDistrict Court of Appeal of Florida · 2008

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