Opinion

Cowick v. State

1982 Fla. App. LEXIS 21236 · District Court of Appeal of Florida · Sep 23, 1982

Full text

Harold COWICK v. STATE of Florida

ERVIN, Judge. Appellant Harold Cowick’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 does not meet the minimal requirements of the rule for review. For example, the motion does not set forth: (1) whether an appeal from the judgment or sentence was filed and if so, the disposition thereof, or (2) whether previous post-conviction relief motion^) were filed and if so, how many. See Fla.R.Crim.P. 3.850(b), (c). Consequently, the motion is deficient. We affirm the lower court’s denial of the motion, but we do so without prejudice to appellant’s refiling of the motion in proper form. Scott v. State, 364 So.2d 67 (Fla. 4th DCA 1978); accord, Brooks v. State, 386 So.2d 872 (Fla. 1st DCA 1980). MILLS and WIGGINTON, JJ., concur.

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Metadata

Status: Published
Author: Ervin
Judges: Ervin, Mills, Wigginton
Cluster ID: 7591131

Citations

1982 Fla. App. LEXIS 21236
419 So. 2d 779

Cited by

Burchfield v. State
District Court of Appeal of Florida · Jul 21, 2005
McElroy v. State
District Court of Appeal of Florida · Aug 23, 1983
Robinson v. State
District Court of Appeal of Florida · Dec 8, 1982
Jones v. State
District Court of Appeal of Florida · Oct 29, 1982

Parentheticals

affirming denial of rule 3.850 motion on grounds that it "[did] not meet the minimal requirements of the rule" in that it "[did] not set forth: (1) whether an appeal from the judgment or sentence was filed and if so, the disposition thereof, or (2
Burchfield v. State