Opinion
Case No. 3D00-1873
Opinion filed September 20, 2000. July Term, A.D. 2000
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Jerald Bagley, Judge. L.T. NO. 96-24202
Sanford Duhart, in proper person.
Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
On May 9, 2000, the trial court entered an order which denied the relief sought under Rule 3.850, Florida Rules of Criminal Procecure, ". . . because the jurat is legally insufficient." (Citations omitted).
We deem the order of May 9, 2000, as being without prejudice to refile, and, upon issuance of the mandate, the trial court is hereby directed to consider the second motion filed as of July 14, 2000.
Affirmed and remanded with directions.