Florida District Courts of Appeal, 2004

Kendricks v. State

Kendricks v. State
Florida District Courts of Appeal · Decided July 14, 2004 · Casanueva, Fulmer, Stringer
884 So. 2d 138; 2004 Fla. App. LEXIS 10459; 2004 WL 1562065 (Southern Reporter, Second Series)

Kendricks v. State

Opinion of the Court

CASANUEVA, Judge.

We affirm without prejudice to Ken-dricks’ right to refile his motion for post-conviction relief with proper oath. Since it appears that the two-year time limit for Kendricks to file a motion pursuant to Florida Rule of Criminal Procedure 3.850 has expired, Kendricks shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Pavey v. State, 720 So.2d 563 (Fla. 2d DCA 1998).

Affirmed without prejudice.

FULMER and STRINGER, JJ„ Concur.

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