Legal Opinion

Ross v. State

District Court of Appeal of Florida

Decided April 17, 1992No. 92-00844PublishedCited by 3 opinions

1Per curiam

John Ross appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the appellant’s allegation regarding the voluntariness of his plea is facially sufficient, the motion did not contain an oath. See Scott v. State, 464 So.2d 1171 (Fla.1985). We therefore affirm the summary denial without prejudice to the filing of a properly sworn motion. See McWilliams v. State, 469 So.2d 229 (Fla. 2d DCA 1985).

LEHAN, Acting C.J., and FRANK and PATTERSON, JJ., concur.

2Cases cited2 opinions

  1. Scott v. StateSupreme Court of Florida · 1985
  2. McWilliams v. StateDistrict Court of Appeal of Florida · 1985

3Cited by3 opinions

  1. Black v. StateDistrict Court of Appeal of Florida · 1992
  2. Ross v. StateDistrict Court of Appeal of Florida · 1992
  3. Allen v. StateDistrict Court of Appeal of Florida · 1994