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Young v. State

District Court of Appeal of Florida, Fourth District
May 30, 2001
786 So. 2d 641 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 4D01-586.

Opinion filed May 30, 2001.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 97-7953CF10A.

Christopher Young, Sneads, pro se.

No appearance required for appellee.


We affirm the order summarily denying Appellant's post-conviction motion. His unnotarized oath was insufficient because the language he used would not subject him to perjury charges if his factual allegations prove to be false. Affirmance is without prejudice to Appellant to file a new motion that includes one of the oaths found in Florida Rule of Criminal Procedure 3.987. The new motion must be filed within the time remaining under 3.850(b).

The order on appeal simply stated that the motion was denied. The trial court did not order a response from the state, attach record excerpts to refute Appellant's factual allegations, or explain the reason for denial. If the court denies Appellant's new motion, the order should show the reason.

STONE, POLEN, and FARMER, JJ., concur.


Summaries of

Young v. State

District Court of Appeal of Florida, Fourth District
May 30, 2001
786 So. 2d 641 (Fla. Dist. Ct. App. 2001)
Case details for

Young v. State

Case Details

Full title:CHRISTOPHER YOUNG, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 30, 2001

Citations

786 So. 2d 641 (Fla. Dist. Ct. App. 2001)

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