Serrano v. State

596 So. 2d 1303, 1992 Fla. App. LEXIS 5203, 1992 WL 91406
Procedural entryThis page is a short order in Serrano v. State. Read the opinion of the Court — 1992 Fla. App. LEXIS 11499
District Court of Appeal of Florida·Decided May 6, 1992·No. No. 92-1086·Published

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

596 So. 2d 1303 (Serrano v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

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