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Florida District Courts of Appeal, 1979

Dulaney v. State

Dulaney v. State
Florida District Courts of Appeal · Decided October 10, 1979 · No. 79-1638 · Hobson, Ott, Ryder
375 So. 2d 869; 1979 Fla. App. LEXIS 15596 (Southern Reporter, Second Series)
Dulaney v. State

Opinion of the Court

PER CURIAM.

Jimmy Albert Dulaney 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. Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979).

Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.

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