Florida District Courts of Appeal, 2006

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided October 11, 2006 · Gross, Hazouri
939 So. 2d 218; 2006 Fla. App. LEXIS 16906; 2006 WL 2872494 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

Hassan Davis appeals the order denying his amended motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. The original motion did not contain a proper oath and should have been denied without prejudice. See Greenwood v. State, 802 So.2d 401 (Fla. 4th DCA 2001). The amended mo*219tion, which contained a sufficient oath, should have been addressed on the merits, and not denied as successive to the original motion. As such, we reverse the order denying the amended motion and remand to the lower court for consideration on the merits.

GROSS, HAZOURI and MAY, JJ., concur.

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