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Florida District Courts of Appeal, 1997

Ellis v. State

Ellis v. State
Florida District Courts of Appeal · Decided July 2, 1997 · Dell, Pariente, Warner
696 So. 2d 458; 1997 Fla. App. LEXIS 7542; 1997 WL 361777 (Southern Reporter, Second Series)

Ellis v. State

Opinion of the Court

PER CURIAM.

The trial court summarily denied appellant’s motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court’s order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla. 1993).

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

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