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Raley v. State

District Court of Appeal of Florida, Fifth District
Oct 8, 2004
884 So. 2d 501 (Fla. Dist. Ct. App. 2004)

Opinion

No. 5D04-3085.

October 8, 2004.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Wayne Raley, Arcadia, Pro Se.

No appearance for Respondent.


Wayne Raley seeks a writ of habeas corpus for a belated appeal. Unfortunately, Mr. Raley's petition is not sworn with the necessary sufficiency. His unnotarized oath simply says, "I swear that the factual allegations set out in paragraphs 1-6 are true." While unquestionably section 92.525(2), Florida Statutes (2003), allows an unsworn oath to be used for these purposes, an oath not acknowledging that it is made subject to the laws governing perjury is insufficient. See Young v. State, 786 So.2d 641 (Fla. 4th DCA 2001); Cf. Armey v. State, 880 So.2d 1269 (Fla. 2d DCA Sept. 1, 2004) (where motion was sworn under penalties of perjury). Accordingly, we deny the petition without prejudice to Mr. Raley to file a new petition containing a sufficient oath.

PETITION DENIED without prejudice.

GRIFFIN and THOMPSON, JJ., concur.


Summaries of

Raley v. State

District Court of Appeal of Florida, Fifth District
Oct 8, 2004
884 So. 2d 501 (Fla. Dist. Ct. App. 2004)
Case details for

Raley v. State

Case Details

Full title:Wayne RALEY, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 8, 2004

Citations

884 So. 2d 501 (Fla. Dist. Ct. App. 2004)

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