Florida District Courts of Appeal, 2006

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided January 25, 2006 · Klein, Stone, Taylor
918 So. 2d 450; 2006 Fla. App. LEXIS 705; 2006 WL 167961 (Southern Reporter, Second Series)

Harris v. State

Opinion of the Court

PER CURIAM.

We affirm an order denjdng Appellant’s motion for post-eonviction relief filed under Florida Rule of.Criminal Procedure 3.850. The trial court correctly recognized Appellant’s motion did not include a proper oath. State v. Shearer, 628 So.2d 1102 (Fla. 1993). We remand, however, with leave to re-file the motion with the proper oath. Nelson v. State, 875 So.2d 579 (Fla. 2004); Ferrell v. State, 825 So.2d 498 (Fla. 2d DCA 2002).

STONE, KLEIN and TAYLOR, JJ., concur.

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