Cherry v. State

JOANOS, Judge.

Anthony Cherry appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without prejudice to the filing of a properly drafted motion.

In addition to the requirement that a motion for post-conviction relief shall be under oath, rule 3.850 provides that the motion shall include information concerning (a) the judgment and sentence under attack; (b) whether there was an appeal from the judgment or sentence; (c) whether a previous post-conviction motion was filed; (d) if a previous motion was denied, why the…