Florida District Courts of Appeal, 2006

Moore v. State

Moore v. State
Florida District Courts of Appeal · Decided September 13, 2006 · Gunther, Klein, Stevenson
937 So. 2d 775; 2006 Fla. App. LEXIS 15154; 2006 WL 2612738 (Southern Reporter, Second Series)

Moore v. State

Opinion of the Court

PER CURIAM.

The trial court’s order summarily denying appellant’s motion for post-conviction relief without prejudice is affirmed. Although the supplement to the motion for post-conviction relief contains a proper oath, the oath appended to the original motion is legally insufficient. Thus, the trial court properly denied appellant’s motion without prejudice to the filing of a duly sworn motion. See generally Scott v. State, 464 So.2d 1171 (Fla. 1985); Hundley v. State, 929 So.2d 1087 (Fla. 4th DCA 2006).

STEVENSON, C.J., GUNTHER and KLEIN, JJ., concur.

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