Daniels v. State

Louis Lee Daniels timely filed a motion seeking relief pursuant to Florida Rule of Criminal Procedure 3.850 on June 21, 1995. However, Daniels’ motion did not contain a proper oath, which the trial court noted in its October 9, 1995, order that dismissed the motion “without prejudice in which to file a postconviction motion in compliance with the Florida Rules of Criminal Procedure.”

On October 27, 1995, Daniels placed in the prison mail a motion identical to his June 21, 1995, motion except for the addition of the required oath. On January 2, 1996, the trial court dismissed Daniels’ motion…