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Murray v. State

District Court of Appeal of Florida, Third District
Dec 28, 2005
917 So. 2d 989 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-2560.

December 28, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge.

Earl Murray, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.


We review the defendant's motion for post-conviction relief under Fla.R.Crim.P. 3.850 in which he alleges that his trial counsel was ineffective. However, the motion was not properly sworn to, and the trial court correctly refused to consider it. See Miller v. State, 848 So.2d 401, 402 (Fla. 2d DCA 2003); Braun v. State, 789 So.2d 1250 (Fla. 4th DCA 2001) (holding that an oath in which the defendant swears the statements contained in the rule 3.850 motion are true "to the best of my knowledge and belief" is an inadequate oath for purposes of rule 3.850). Accordingly, we affirm the trial court's dismissal of the defendant's motion without prejudice to defendant to re-file within thirty days a motion containing the proper oath. See Fla.R.Crim.P. 3.987.

Affirmed.


Summaries of

Murray v. State

District Court of Appeal of Florida, Third District
Dec 28, 2005
917 So. 2d 989 (Fla. Dist. Ct. App. 2005)
Case details for

Murray v. State

Case Details

Full title:Earl MURRAY, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 28, 2005

Citations

917 So. 2d 989 (Fla. Dist. Ct. App. 2005)

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