Opinion
No. 4D13–3423.
2014-04-9
Jawan BELL, Appellant, v. STATE of Florida, Appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 12–7676 CF10A. Jawan Bell, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 12–7676 CF10A.
Jawan Bell, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Jawan Bell seeks review of an order that summarily denied his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. His motion was timely filed within two years of his judgment and sentence. The trial court did not direct the state to respond to the motion, attach documents to refute the claim, or otherwise explain its denial. If the reason for the denial was because the motion was deemed insufficient for lack of a proper oath, the court must allow the defendant time to correct this defect. SeeFla. R.Crim. P. 3.850(f)(2). We therefore reverse and remand for reconsideration under rule 3.850. WARNER, MAY and LEVINE, JJ., concur.