Florida District Courts of Appeal, 1985

Cunningham v. State

Florida District Courts of Appeal · Decided March 20, 1985 · Downey, Hurley, Walden

464 So. 2d 1359; 10 Fla. L. Weekly 735; 1985 Fla. App. LEXIS 12986 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jennings v. Jennings (Fla. Dist. Ct. App. 1985)

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.

This is an appeal from a denial of Motion for Post-conviction Relief brought pursuant to Florida Rule of Criminal Procedure 3.850. It was denied without an evidentia-ry hearing and without stated reasons.

It is basic that a trial court order is presumed to be correct and that it will be affirmed if there is a legal basis for it. The motion itself is unsworn and in gross violation of the requirements of Florida Rule of Criminal Procedure 3.850. It does not refer to exhibits. The mentioned deficiencies justify the trial court order denying post-conviction relief.

Affirmed.

DOWNEY, HURLEY and WALDEN, JJ., concur.

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