Drake v. State
Cases that cite this one
2 later published cases cite this decision.
- Drake v. State (Fla. Dist. Ct. App. 2001)
- Spann v. State (Fla. Dist. Ct. App. 2000)
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
Ulysses Drake, Jr., appeals from the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without discussion the trial court’s denial of relief to Drake on all the issues raised in his original motion for postconviction relief. In addition, we affirm the trial court’s denial of relief on the sole issue raised in Drake’s amended motion for postconviction relief because that amended motion was not under oath as required by rule 3.850(c).
However, the trial court should have offered Drake the opportunity to refile his motion under oath. See Anderson v. State, 627 So.2d 1170 (Fla. 1993). Therefore, we affirm the trial court’s order without prejudice to Drake’s right to file his amended motion under oath with the trial court within thirty days from the date of issuance of the mandate in this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.