Florida District Courts of Appeal, 1998

Mengore v. State

Mengore v. State
Florida District Courts of Appeal · Decided October 1, 1998 · Gunther, Polen, Taylor
718 So. 2d 368; 1998 Fla. App. LEXIS 12320; 1998 WL 670437 (Southern Reporter, Second Series)
Mengore v. State

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Opinion of the Court

PER CURIAM.

Appellant Michael David Mengore appeals a trial court order denying his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. His motion was properly verified, but the factual allegations in his memorandum of law contained a defective verification clause in which he said that the statements were “true and correct to the best of my knowledge and belief.” See Scott v. State, 464 So.2d 1171 (Fla. 1985); Hahn v. Frederick, 66 So.2d 823 (Fla. 1953).

Accordingly, we affirm the trial court’s denial of post-conviction relief. This disposition is without prejudice to appellant’s right to timely resubmit the motion and memorandum with a proper oath.

GUNTHER, POLEN and TAYLOR, JJ., concur.

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