Florida District Courts of Appeal, 1979

Clouthier v. State

Florida District Courts of Appeal · Decided October 12, 1979 · No. 78-1773 · Hobson, Ott, Ryder

375 So. 2d 874; 1979 Fla. App. LEXIS 15601 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Tobin v. State (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

RYDER, Judge.

Wayne Charles Clouthier appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge’s order disposing of the motion because the motion was not under oath.

Fla.R.Crim.P. 3.850 specifically provides that a motion for post-conviction relief, submitted pursuant thereto, “shall be under oath.” We believe this requirement to be an absolute prerequisite to the trial court’s consideration of any such motion as it is the only effective way to prevent the use of false allegations in motions for post-conviction relief. Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979).

Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

HOBSON, Acting C. J., and OTT, J., concur.

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