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Beck v. State

District Court of Appeal of Florida, Second District
Nov 16, 2001
801 So. 2d 964 (Fla. Dist. Ct. App. 2001)

Summary

holding that the trial court may only consider postconviction motions and supporting memoranda if properly sworn

Summary of this case from Wood v. State

Opinion

Case No. 2D01-3920

Opinion filed November 16, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Nancy Moate Ley, Judge.


Carl Beck, Sr., appeals the order of the trial court summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Beck filed a properly sworn rule 3.850 motion, but in support of the motion, he filed two memoranda that amplified the claims in the motion and also added new claims of ineffectiveness of counsel, such as counsel's failure to investigate self-defense as a defense. The memoranda were unsworn, and the trial court properly refused to consider them. See Brown v. State, 620 So.2d 1076 (Fla. 2d DCA 1993). We affirm the order of the trial court without prejudice to Beck to refile the motion and the memoranda with the proper oaths included. See Pavey v. State, 720 So.2d 563 (Fla. 2d DCA 1998); Brown, 620 So.2d 1076. Beck shall have thirty days from the date of the issuance of the mandate following this opinion to file the motion and the corrected memoranda. See Pavey, 720 So.2d 563.

Affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.


Summaries of

Beck v. State

District Court of Appeal of Florida, Second District
Nov 16, 2001
801 So. 2d 964 (Fla. Dist. Ct. App. 2001)

holding that the trial court may only consider postconviction motions and supporting memoranda if properly sworn

Summary of this case from Wood v. State

holding that the trial court may only consider postconviction motions and supporting memoranda if properly sworn

Summary of this case from Gamble v. State

holding that, since the trial court properly did not review the additional allegations contained in the memoranda accompanying a rule 3.850 motion, the trial court would be affirmed without prejudice to the timely refiling of the motion and memoranda

Summary of this case from Garnto v. State
Case details for

Beck v. State

Case Details

Full title:CARL C. BECK, SR., Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 16, 2001

Citations

801 So. 2d 964 (Fla. Dist. Ct. App. 2001)

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