Home/District Court of Appeal of Florida/Serrano v. State

Serrano v. State

596 So. 2d 1303, 1992 Fla. App. LEXIS 5203, 1992 WL 91406
CourtDistrict Court of Appeal of Florida
DecidedMay 6, 1992
DocketNo. 92-1086
StatusPublished

This text of 596 So. 2d 1303 (Serrano 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.

Bluebook
Serrano v. State, 596 So. 2d 1303, 1992 Fla. App. LEXIS 5203, 1992 WL 91406 (Fla. Ct. App. 1992).

Opinion

PER CURIAM.

The trial court properly found that appellant’s Rule 3.850 motion for post-conviction relief did not contain a proper oath. See Scott v. State, 464 So.2d 1171 (Fla.1985). However, the court should have denied the motion without prejudice to appellant to file a properly sworn motion. Id. at 1172. We, therefore, affirm the order on review, but without prejudice to appellant to file a properly sworn Rule 3.850 motion in the trial court on or before June 20, 1992.

AFFIRMED.

HERSEY, GARRETT and FARMER, JJ., concur.

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Related

Scott v. State
464 So. 2d 1171 (Supreme Court of Florida, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
596 So. 2d 1303, 1992 Fla. App. LEXIS 5203, 1992 WL 91406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrano-v-state-fladistctapp-1992.