Florida District Courts of Appeal, 1994

Brunner v. State

Brunner v. State
Florida District Courts of Appeal · Decided April 6, 1994 · Hall, Patterson, Threadgill
647 So. 2d 126; 1994 Fla. App. LEXIS 3295; 1994 WL 114874 (Southern Reporter, Second Series)

Brunner v. State

Opinion of the Court

PER CURIAM.

Candace Brunner appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion contained an oath signed by the appellant’s attorney rather than the appellant. See Anderson v. State, 627 So.2d 1170 (Fla. 1993); Gorham v. State, 494 So.2d 211, 212 (Fla. 1986). Accordingly, we affirm without prejudice to the appellant’s refiling a properly sworn motion.

HALL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.

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