Kendricks v. State

Full title: Robert A. KENDRICKS, Sr., Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jul 14, 2004

884 So. 2d 138 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-95.

July 14, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pasco County; Daniel D. Diskey, Judge.

CASANUEVA, Judge.

We affirm without prejudice to Kendricks' right to refile his motion for postconviction relief with proper oath. Since it appears that the two-year time limit for Kendricks to file a motion pursuant to Florida Rule of Criminal Procedure 3.850 has expired, Kendricks shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Pavey v. State, 720 So.2d 563 (Fla. 2d DCA 1998).

Affirmed without prejudice.

FULMER and STRINGER, JJ., Concur.