Brown v. State

Full title: ROBERT BROWN, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jun 23, 1993

620 So. 2d 1076 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-01676.

June 23, 1993.

Appeal from the Circuit Court, Hillsborough County, Debra K. Behnke, J.

PER CURIAM.

Robert Brown, Jr. appeals the summary denial of his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. The unsworn memoranda attached to the motion, rather than the motion, contain the facts in support of appellant's allegations. The court correctly refused to entertain the memoranda and denied the motion as facially insufficient. See Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984).

Accordingly, we affirm the order without prejudice to appellant's filing a properly sworn motion.

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.