01-1069 MARTINEZ V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-1069

Case Date: 12/11/2002

Plaintiff: 01-1069 MARTINEZ

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

INOCENTE M. MARTINEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** CASE NO. 3D01-1069 LOWER TRIBUNAL NO. 91-3922 **

Opinion filed December 11, 2002. An Appeal from the Circuit Court for Dade County, Scott J. Silverman, Judge. Inocente M. Martinez, in proper person. Richard E. Doran, Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY and GREEN, JJ. PER CURIAM. The trial judge properly dismissed the defendant's Rule 3.850 motion without prejudice because of his failure to sign the motion and thus to provide the verification required by Rule 3.850(c). See Groover v. State, 703 So. 2d 1035 (Fla. 1997).

Affirmed.

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