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Pridgeon v. State

District Court of Appeal of Florida, First District
Dec 8, 2004
887 So. 2d 427 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-1003.

November 5, 2004. Rehearing Denied December 8, 2004.

An appeal from the circuit court for Lafayette County. David E. Bembry, Judge.

Appellant pro se.

Charlie Crist, Attorney General, Tallahassee, for Appellee.


We are constrained to affirm this appeal from summary denial of a motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 because the motion was not sworn. See Anderson v. State, 627 So.2d 1170 (Fla. 1993). However, because appellant requested leave in the trial court to remedy this deficiency, which was denied, our affirmance is without prejudice to appellant's right to file in the trial court an amended motion which is properly sworn to within 30 days of the date on which this court's mandate issues. See Hickey v. State, 763 So.2d 1213 (Fla. 1st DCA 2000).

AFFIRMED.

WOLF, C.J.; WEBSTER and HAWKES, JJ., concur.


Summaries of

Pridgeon v. State

District Court of Appeal of Florida, First District
Dec 8, 2004
887 So. 2d 427 (Fla. Dist. Ct. App. 2004)
Case details for

Pridgeon v. State

Case Details

Full title:Paul PRIDGEON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 8, 2004

Citations

887 So. 2d 427 (Fla. Dist. Ct. App. 2004)