Lawson v. State, 754 So. 2d 86 (Fla. 4th DCA 2000). · Go Syfert
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Lawson v. State, 754 So. 2d 86 (Fla. 4th DCA 2000). Cases Citing This Book View Copy Cite
“ailure of the department of corrections to award the proper gain time does not make the underlying sentence 'illegal' within the meaning of florida rule of criminal procedure 3.800(a) . . . .”
8 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: CHRISTOPHER CURRY v. THE STATE OF FLORIDA (fladistctapp, 2022-06-22)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (verbatim quote) CHRISTOPHER CURRY v. THE STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
ailure of the department of corrections to award the proper gain time does not make the underlying sentence 'illegal' within the meaning of florida rule of criminal procedure 3.800(a) . . . .
cited Cited as authority (rule) Logan v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
P. 3.850(b); Lawson v. State, 754 So.2d 86, 86 (Fla. 4th DCA 2000); see also Fla. R.Crim.
cited Cited "see" Butler v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000); see also McNeil v. State, 676 So.2d 48 (Fla. 1st DCA 1996).
cited Cited "see" Santa v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000).
cited Cited "see" Kleckley v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See id. at 737 (citing Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000)).
cited Cited "see, e.g." State v. Fraser
Fla. Dist. Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., Lawson v. State, 754 So.2d 86 (Fla. 4th DCA 2000).
Harold LAWSON, Appellant,
v.
STATE of Florida, Appellee.
4D00-179.
District Court of Appeal of Florida, Fourth District.
Mar 8, 2000.
754 So. 2d 86
Per Curiam.
Cited by 6 opinions  |  Published

Harold Lawson, Madison, pro se.

No appearance required for appellee.

PER CURIAM.

Harold Lawson (appellant) appeals from an order entered November 8, 1999, in the Broward County circuit court, summarily denying his motion for postconviction relief, made pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant's motion was procedurally defective in that it was not under oath. The trial court's summary denial adopted the state's response, which recommended denying the motion without prejudice to refiling a timely and properly sworn motion. The court's denial did not address appellant's right to refile a properly sworn motion.

Appellant's failure to meet the oath requirement warranted a dismissal without prejudice. See Anderson v. State, 627 So.2d 1170, 1171 (Fla.1993). Accordingly, we affirm without prejudice to the appellant's timely refiling of a properly sworn motion. See, e.g., Steele v. State, 705 So.2d 1058 (Fla. 4th DCA 1998); Brown v. State, 661 So.2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So.2d 602 (Fla.1996); Stoutamire v. State, 710 So.2d 744 (Fla. 1st DCA 1998).

FARMER, KLEIN and HAZOURI, JJ., concur.