Opinion
No. 3D99-3073.
Opinion filed March 15, 2000.
An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Monroe County, Leon M. Firtel, Judge, L.T. No. 98-18903.
Aloysrous Carroll, in proper person.
Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.
Before COPE, SHEVIN and SORONDO, JJ.
Aloysrous Carroll appeals an order striking his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 on the ground that the motion had not been sworn to. The State concedes that the trial court was in error on this issue because the appellant had, in fact, executed an unnotarized oath. However, on the merits, the record (including particularly the plea colloquy) conclusively refutes appellant's claims.
Affirmed.