Florida District Courts of Appeal, 1979

Carver v. State

Florida District Courts of Appeal · Decided November 7, 1979 · Ahy, Dan, Grimes, Scheb

376 So. 2d 899; 1979 Fla. App. LEXIS 15782 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Vargas v. State (Fla. Dist. Ct. App. 1984)
Turner v. Anderson (Fla. Dist. Ct. App. 1979)

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

PER CURIAM.

Charles David Carver appeals from the denial of his petition for writ of habeas corpus, which was treated by the trial court as a Rule 3.850 motion. Although the allegations raised by the appellant appear to raise a legally meritorious point, we cannot consider the merits of the appellant’s arguments because his motion was not under oath as required by Rule 3.850. Under Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979), we must vacate the trial judge’s order disposing of the motion.

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.

GRIMES, C. J., and SCHEB and DAN-AHY, JJ., concur.

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