Washington v. State

Full title: DEXTER WASHINGTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 27, 1997

744 So. 2d 1021 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3854.

Decision filed August 27, 1997

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 94-16101CF10A.

Dexter Washington, South Bay, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer and James J. Carney, Assistant Attorneys General, West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

GLICKSTEIN and WARNER, JJ., concur.

POLEN, J., concurs specially with opinion.

POLEN, J., concurring specially.

I agree with the majority's per curiam affirmance of the trial court's denial of Washington's motion for relief under rule 3.850; however, I would affirm without prejudice to appellant's filing a new 3.850 motion, properly sworn, as to his unsworn allegation he was without knowledge of the state's intent to habitualize him at the time he entered his plea.