Florida District Courts of Appeal, 1993

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided March 31, 1993 · Farmer, Hersey, Only, Polen
616 So. 2d 169; 1993 Fla. App. LEXIS 3907; 1993 WL 90899 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

We affirm this appeal from the trial court’s denial of appellant’s motion for relief under Florida Rule of Criminal Proce*170dure 3.850, as the motion did not contain an adequate oath. Scott v. State, 464 So.2d 1171 (Fla. 1985). This is without prejudice to appellant’s filing a new 3.850 motion with a proper oath.

Should such motion be filed, we would invite the trial court’s consideration of State v. Johnson, 616 So.2d 1 (Fla. 1993), as further discussed in Donahue v. State, 616 So.2d 65 (Fla. 1st DCA 1993).

HERSEY and POLEN, JJ., concur. FARMER, J., concurs in result only.

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