Shiva v. State

Full title: BASDEO SHIVA, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 28, 2001

782 So. 2d 501 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-788.

Opinion filed March 28, 2001.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sheldon M. Schapiro, Judge; L.T. Case No. 96-24167 CF10B.

Basdeo Shiva, Bonifay, pro se.

No appearance required for appellee.

PER CURIAM.

The order summarily denying Appellant's motion for postconviction relief is affirmed, without prejudice to his filing an amended timely sworn motion for postconviction relief challenging the voluntary and intelligent character of his plea. See Mortimer v. State, 770 So.2d 743 (Fla. 4th DCA 2000); Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000). As the Second District did in Murphy, we certify conflict with Booker v. State, 771 So.2d 1187 (Fla. 1st DCA 2000).

GUNTHER, STONE and HAZOURI, JJ., Concur.