Florida District Courts of Appeal, 2007

Nwajei v. State

Florida District Courts of Appeal · Decided September 26, 2007 · Casanueva, Salcines, Stringer

964 So. 2d 887; 2007 Fla. App. LEXIS 15147; 2007 WL 2781696 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bivens v. Florida Department of Corrections (United States District Court for the Southern District of Florida 2022)

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Opinion of the Court

SALCINES, Judge.

Kessington Nwajei appeals the summary dismissal of his motion to vacate judgment that was treated as a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the dismissal because the motion did not include an oath as required by rule 3.850(c). See also Fla. R.Crim. P. 3.987 (providing two forms of the oath for use in rule 3.850 motions). This affirmance is without prejudice to Nwajei’s right to refile a properly sworn motion within the time remaining *888under rule 3.850(b). Any such motion shall not be deemed successive.

Affirmed.

CASANUEVA and STRINGER, JJ., Concur.

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