Brunner v. State

Full title: CANDACE BRUNNER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 6, 1994

647 So. 2d 126 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-04336.

April 6, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.

PER CURIAM.

Candace Brunner appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion contained an oath signed by the appellant's attorney rather than the appellant. See Anderson v. State, 627 So.2d 1170 (Fla. 1993); Gorham v. State, 494 So.2d 211, 212 (Fla. 1986). Accordingly, we affirm without prejudice to the appellant's refiling a properly sworn motion.

HALL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.