Ellis v. State

696 So. 2d 458, 1997 Fla. App. LEXIS 7542, 1997 WL 361777
Procedural entryThis page is a short order in Ellis v. State. Read the opinion of the Court — 714 So. 2d 1160
District Court of Appeal of Florida·Decided July 2, 1997·No. No. 97-1617·Published

Opinion

PER CURIAM.

The trial court summarily denied appellant’s motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court’s order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla.1993).

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

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Ellis v. State, 696 So. 2d 458, 1997 Fla. App. LEXIS 7542, 1997 WL 361777 (Fla. Ct. App. 1997).

696 So. 2d 458 (Ellis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Anderson v. State
627 So. 2d 1170 (Supreme Court of Florida, 1993)