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Whitty v. State, Case No. 2D08-4169 (Fla. App. 2/18/2009) (Fla. App., 2009)

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KEVIN F. WHITTY, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-4169. District Court of Appeal of Florida, Second District. Opinion filed February 18, 2009. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County, Edward J. Volz, Jr., Judge. VILLANTI, Judge. We affirm the order of the trial court dismissing Kevin Whitty’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. We write only to state that if the sworn motion contains false statements of fact, Whitty may be prosecuted for perjury. See State v. Shearer, 628 So. 2d 1102, 1103 (Fla. 1993). Whitty’s motion contained the following signed oath: “UNDER PENALTIES OF PERJURY, I declare that I have read the foregoing motion for Post-Conviction Relief/Motion to Enforce Plea Agreement and that the facts stated in it are true and correct...continue to full post

Full post as published by Florida Criminal Law Opinions on February 18, 2009 (boomark / email).