Opinion
Case No. 97-1617
Opinion filed July 2, 1997.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Virginia Gay Broome, Judge; L.T. Case Nos. 96-3043 CFA02, 96-3850 CFA02.
Nathaniel Ellis, Moore Haven, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.
The trial court summarily denied appellant's motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court's order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla. 1993).
REVERSED and REMANDED.
DELL, WARNER and PARIENTE, JJ., concur.