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Florida District Courts of Appeal, 1997

Washington v. State

Washington v. State
Florida District Courts of Appeal · Decided August 27, 1997 · Glickstein, Polen, Warner
744 So. 2d 1021; 1997 Fla. App. LEXIS 9691; 1997 WL 530348 (Southern Reporter, Second Series)

Washington v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

GLICKSTEIN and WARNER, JJ., concur. POLEN, J., concurs specially with opinion.

Concurring Opinion

POLEN, Judge,

concurring specially.

I agree with the majority’s per curiam affirmance of the trial court’s denial of Washington’s motion for relief under rule 3.850; however, I would affirm without prejudice to appellant’s filing a new 3.850 motion, properly sworn, as to his unsworn allegation he was without knowledge of the state’s intent to habitualize him at the time he entered his plea.

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