Florida District Courts of Appeal, 1998

Catches v. State

Catches v. State
Florida District Courts of Appeal · Decided March 3, 1998 · Allen, Barfield, Lawrence
706 So. 2d 941; 1998 Fla. App. LEXIS 2231; 1998 WL 85505 (Southern Reporter, Second Series)

Catches v. State

Opinion of the Court

PER CURIAM.

The postconviction motion filed, pursuant to Florida Rule of Criminal Procedure 3.850, did not contain the proper oath. See Gorham v. State, 494 So.2d 211 (Fla. 1986); Scott v. State, 464 So.2d 1171 (Fla. 1985) (use of the qualifying words “to the best of [my] knowledge” renders oath improper under 3.850). Therefore, we affirm the trial court’s dismissal based on facial insufficiency. Our affir-mance is without prejudice to appellant filing with the trial court a timely postconvietion motion which complies with the requirements set forth in rule 3.850.

BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.

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