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PEAVY v. STATE

No. 90-03754.

599 So.2d 234 (1992)

John Wesley PEAVY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 25, 1992.

Attorney(s) appearing for the Case

Robert Augustus Harper, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a summary denial of appellant's motion for postconviction relief based on newly-discovered evidence. Florida Rule of Criminal Procedure 3.850 provides that any motion shall provide a brief statement of facts relied upon in support of the motion and shall be under oath. Appellant's motion contained no facts but incorporated by reference an unsworn memorandum of law containing the factual allegations which formed the...

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