Opinion
No. 93-0517.
March 31, 1993.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Robert B. Carney, Judge.
Benjamin Johnson a/k/a Anthony B. Jones, Malone, pro se.
No appearance, for appellee.
We affirm this appeal from the trial court's denial of appellant's motion for relief under Florida Rule of Criminal Procedure 3.850, as the motion did not contain an adequate oath. Scott v. State, 464 So.2d 1171 (Fla. 1985). This is without prejudice to appellant's filing a new 3.850 motion with a proper oath.
Should such motion be filed, we would invite the trial court's consideration of State v. Johnson, 616 So.2d 1 (Fla. 1993), as further discussed in Donahue v. State, 616 So.2d 65 (Fla. 1st DCA 1993).
HERSEY and POLEN, JJ., concur.
FARMER, J., concurs in result only.