Leverett v. State

District Court of Appeal of Florida

Leverett v. State

375 So. 2d 62, 1979 Fla. App. LEXIS 15549

District Court of Appeal of Florida·Decided September 26, 1979·No. No. 79-16·Published

Opinion

DANAHY, Judge.

Raul Lum Leverett appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge’s order disposing of the motion because the motion was not under oath.

Accordingly, for the reasons we set forth in Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979), we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

SCHEB, Acting C. J., and RYDER, J., concur.

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DANAHY, Judge.

Raul Lum Leverett appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge’s order disposing of the motion because the motion was not under oath.

Accordingly, for the reasons we set forth in Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979), we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

SCHEB, Acting C. J., and RYDER, J., concur.

Leverett v. State, 375 So. 2d 62, 1979 Fla. App. LEXIS 15549 (Fla. Ct. App. 1979).

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Opinion

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