Clark v. State

Full title: SCOTTY L. CLARK, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 10, 2002

811 So. 2d 765 (Fla. Dist. Ct. App. 2002)

Opinion

No. 4D01-4533.

March 6, 2002. Rehearing Denied April 10, 2002.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Larry Schack, Judge; L.T. Case No. 90-1167 CFB.

Scotty L. Clark, Coleman, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

This case is affirmed, without prejudice to appellant filing a motion that includes the information and the oath required by Florida Rule of Criminal Procedure 3.850(c) no later than thirty (30) days from the issuance of the mandate. Thereafter, the parties shall proceed in accordance with Franklin v. State, 645 So.2d 166 (Fla. 4th DCA 1994).

SHAHOOD, TAYLOR and HAZOURI, JJ., concur.