Legal Opinion

Cappelletti v. State

District Court of Appeal of Florida

Decided April 22, 2016No. 2D15-3981Published

1Per curiam

Anthony M. Cappelletti appeals the order denying his motion for jail credit filed under Florida Rule of Criminal Procedure 3.801. 1 Cappelletti’s motion was filed without the oath required by rule 3.801(c). Accordingly, we reverse and remand with instructions for the postconviction court to strike Cappelletti’s motion for failure to include the requisite oath and afford him an opportunity to file an amended motion in compliance with the requirements of rule 3.801. See Jones v. State, 143 So.3d 1102, 1103 (Fla. 5th DCA 2014) (holding that because Jones’ motion was compliant in all respects…

2Cases cited4 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. Steadman v. StateDistrict Court of Appeal of Florida · 2009
  3. Harris v. StateDistrict Court of Appeal of Florida · 2003
  4. Jones v. StateDistrict Court of Appeal of Florida · 2014

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