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Florida District Courts of Appeal, 1992

Serrano v. State

Serrano v. State
Florida District Courts of Appeal · Decided May 6, 1992 · Farmer, Garrett, Hersey
596 So. 2d 1303; 1992 Fla. App. LEXIS 5203; 1992 WL 91406 (Southern Reporter, Second Series)

Serrano v. State

Opinion of the Court

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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