Legal Opinion

Osceola v. State

District Court of Appeal of Florida

Decided June 14, 2000No. 4D99-3018Published

1Per curiam

Affirmed. As to point I, see Heaton v. State, 711 So.2d 1157 (Fla. 4th DCA 1998) and as to point II, see Gaber v. State, 684 So.2d 189 (Fla.1996). With respect to the ineffectiveness claim raised in point III, the motion is legally insufficient to warrant relief because it fails to give any supporting facts. See Ragsdale v. State, 720 So.2d 203, 207 (Fla.1998); Vento v. State, 621 So.2d 493 (Fla. 4th DCA 1993). While supporting facts are stated in the supporting memorandum of law, the memorandum is not properly sworn and thus the facts recited therein could not be considered by *1171the court. See…

2Cases cited6 opinions

  1. Ragsdale v. StateSupreme Court of Florida · 1998
  2. Gaber v. StateSupreme Court of Florida · 1996
  3. Vento v. StateDistrict Court of Appeal of Florida · 1993
  4. Heaton v. StateDistrict Court of Appeal of Florida · 1998
  5. McBride v. StateDistrict Court of Appeal of Florida · 1988

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