Florida District Courts of Appeal, 1995

Haughbrook v. State

Florida District Courts of Appeal · Decided July 26, 1995 · Quince, Threadgill, Whatley

658 So. 2d 639; 1995 Fla. App. LEXIS 7966; 1995 WL 437253 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Hickey v. State (Fla. Dist. Ct. App. 2000)
Pavey v. State (Fla. Dist. Ct. App. 1998)
Daniels v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Herman Haughbrook appeals the denial of his motion brought pursuant to Florida Rule of Criminal Procedure 3.850. The trial court properly rejected his motion because it was not properly sworn. The denial of his claim is, however, without prejudice, and he may refile a properly sworn motion in the trial court. Anderson v. State, 627 So.2d 1170 *640(Fla. 1993). Haughbrook may refile his motion within 30 days from the date of this opinion and such a prompt refiling will not be time barred. Miller v. State, 617 So.2d 332 (Fla. 2d DCA 1993).

THREADGILL, C.J., and QUINCE and WHATLEY, JJ., concur.

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