Legal Opinion

ROKER v. State

District Court of Appeal of Florida

Decided January 6, 2010No. 4D09-1885PublishedCited by 5 opinions

1Per curiam

The trial court’s summary denial of appellant’s successive, untimely, and frivolous rule 3.850 motion is affirmed. Appellant claimed that the circuit court lacked jurisdiction, and that his conviction was void, because the oath of office and appointment of the assistant state attorney who filed the information was not recorded in the circuit court’s records. The allegation that the information was not properly signed or verified is frivolous and not a ground for postconviction relief. See Logan v. State, 1 So.3d 1253 (Fla. 4th DCA 2009). An information may not be attacked on the ground it was…

2Cases cited3 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Logan v. StateDistrict Court of Appeal of Florida · 2009
  3. Thurston v. StateDistrict Court of Appeal of Florida · 2006

3Cited by5 opinions

  1. Holley v. StateDistrict Court of Appeal of Florida · 2013
  2. Smith v. StateDistrict Court of Appeal of Florida · 2013
  3. DAVEL M. ROSS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020
  4. Foster v. StateDistrict Court of Appeal of Florida · 2011
  5. TERON L. JONES v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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