Nwajei v. State

District Court of Appeal of Florida

Nwajei v. State

964 So. 2d 887, 2007 Fla. App. LEXIS 15147, 2007 WL 2781696

District Court of Appeal of Florida·Decided September 26, 2007·No. No. 2D07-648·Published·Cited by 1 cases

Opinion

SALCINES, Judge.

Kessington Nwajei appeals the summary dismissal of his motion to vacate judgment that was treated as a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the dismissal because the motion did not include an oath as required by rule 3.850(c). See also Fla. R.Crim. P. 3.987 (providing two forms of the oath for use in rule 3.850 motions). This affirmance is without prejudice to Nwajei’s right to refile a properly sworn motion within the time remaining [888] under rule 3.850(b). Any such motion shall not be deemed successive.

Affirmed.

CASANUEVA and STRINGER, JJ., Concur.

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SALCINES, Judge.

Kessington Nwajei appeals the summary dismissal of his motion to vacate judgment that was treated as a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the dismissal because the motion did not include an oath as required by rule 3.850(c). See also Fla. R.Crim. P. 3.987 (providing two forms of the oath for use in rule 3.850 motions). This affirmance is without prejudice to Nwajei’s right to refile a properly sworn motion within the time remaining [888] under rule 3.850(b). Any such motion shall not be deemed successive.

Affirmed.

CASANUEVA and STRINGER, JJ., Concur.

Nwajei v. State, 964 So. 2d 887, 2007 Fla. App. LEXIS 15147, 2007 WL 2781696 (Fla. Ct. App. 2007).

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Opinion

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