ERNEST GREGORY PATE vs STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ERNEST GREGORY PATE, Appellant, v. Case No. 5D19-2258 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 7, 2019 3.850 Appeal from the Circuit Court for Marion County, R. Gregg Jerald, Judge. Ernest Gregory Pate, Bowling Green, pro se. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Ernest Gregory Pate appeals the dismissal of his amended motion for postconviction relief. The trial court dismissed Pate's motion because it was not made under oath as required by Florida Rule of Criminal Procedure 3.850(c). We affirm the dismissal without prejudice to Pate filing a timely amended postconviction motion that comports with the rule's oath requirement. AFFIRMED. ORFINGER and HARRIS, JJ., and JACOBUS, B.W., Senior Judge concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.