Petrie v. State

This is an appeal from a summary denial of appellant’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief because the notary section of the motion did not comply with section 117.-05(16), Florida Statutes (Supp.1992), in that it did not state that appellant was either personally known to the notary or that he produced identification. This court has held that the summary denial of a rule 3.850 motion, for this particular reason, is error. Kendall v. State, 619 So.2d 515 (Fla. 4th DCA 1993); Crotty v. State, 568 So.2d 1328…