Corbin v. State

The appellant challenges an order of the trial court summarily denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. The appellant’s motion is facially insufficient, and was properly subject to summary denial, for failing to include the oath required by Rules 3.850 and 3.987. Woolbright v. State, 606 So.2d 379 (Fla. 1st DCA 1992).1

The motion was also insufficient for failing to allege facts essential to appellant’s claim that he was improperly sentenced as an habitual felony offender under the 1989 amendments that were held unconstitutional…