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Jackson v. State

District Court of Appeal of Florida, Fourth District
May 3, 2000
758 So. 2d 1170 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D00-1126.

Opinion filed May 3, 2000.

Appeal of order denying rule 3.850 appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. No. 95-14223 CF10.

Donnie J. Jackson, Jr., Century, pro se.

No appearance required for appellee.


Donnie Jackson appeals the order summarily denying postconviction relief. At the time the order was entered, Jackson had three postconviction motions pending in the trial court, one Rule 3.850 motion filed November 11, 1999 and a second Rule 3.850 motion and "Petition of Ineffective Assistance" that were both filed December 14, 1999. The order on appeal does not disclose which of these three motions it denied.

Since none of the pending motions were properly sworn, and all three omitted information required by Florida Rule of Criminal Procedure 3.850(c), they were all subject to summary denial. We therefore affirm. However, affirmance is without prejudice to Jackson to file a new motion alleging all his claims for relief in a single pleading. This motion is to be filed no later than thirty days after the issuance of the mandate in this appeal. The new motion must be properly sworn and must contain all the information required by rule 3.850(c). We refer Jackson to the model form set out in rule 3.986.

KLEIN, SHAHOOD, and GROSS, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fourth District
May 3, 2000
758 So. 2d 1170 (Fla. Dist. Ct. App. 2000)
Case details for

Jackson v. State

Case Details

Full title:DONNIE J. JACKSON, JR., Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 3, 2000

Citations

758 So. 2d 1170 (Fla. Dist. Ct. App. 2000)