Harris v. State

District Court of Appeal of Florida

Harris v. State

918 So. 2d 450, 2006 Fla. App. LEXIS 705, 2006 WL 167961

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 2006

DocketNo. 4D05-4291

StatusPublished

This text of 918 So. 2d 450 (Harris v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harris v. State, 918 So. 2d 450, 2006 Fla. App. LEXIS 705, 2006 WL 167961 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

We affirm an order denjdng Appellant’s motion for post-eonviction relief filed under Florida Rule of.Criminal Procedure 3.850. The trial court correctly recognized Appellant’s motion did not include a proper oath. State v. Shearer, 628 So.2d 1102 (Fla.1993). We remand, however, with leave to re-file the motion with the proper oath. Nelson v. State, 875 So.2d 579 (Fla. 2004); Ferrell v. State, 825 So.2d 498 (Fla. 2d DCA 2002).

STONE, KLEIN and TAYLOR, JJ., concur.

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PER CURIAM.

We affirm an order denjdng Appellant’s motion for post-eonviction relief filed under Florida Rule of.Criminal Procedure 3.850. The trial court correctly recognized Appellant’s motion did not include a proper oath. State v. Shearer, 628 So.2d 1102 (Fla.1993). We remand, however, with leave to re-file the motion with the proper oath. Nelson v. State, 875 So.2d 579 (Fla. 2004); Ferrell v. State, 825 So.2d 498 (Fla. 2d DCA 2002).

STONE, KLEIN and TAYLOR, JJ., concur.

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918 So. 2d 450, 2006 Fla. App. LEXIS 705, 2006 WL 167961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-fladistctapp-2006.

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