Florida District Courts of Appeal, 1997

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided October 23, 1997 · Allen, Miner, Webster
700 So. 2d 470; 1997 Fla. App. LEXIS 11999; 1997 WL 656300 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

PER CURIAM.

Appellant challenges an order by which his posteonviction motion, pursuant to Florida Rule of Criminal Procedure 3.850, was denied as facially insufficient. His motion did not comply with subsection (c) of the rule because it was not sworn and failed to indicate whether he had filed a direct appeal or previous motion. See Groves v. State, 668 So.2d 1089 (Fla. 1st DCA 1996). We therefore affirm, but do so without prejudice for him to refile a timely motion which complies with Rule 3.850.

MINER, ALLEN and WEBSTER, JJ., concur.

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