Opinion
No. 4D05-4291.
January 25, 2006.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Krista Marx, Judge; L.T. Case No. 85-10249 CFA02.
Willie Lee Harris, Coleman, pro se.
No appearance required for appellee.
We affirm an order denying Appellant's motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. The trial court correctly recognized Appellant's motion did not include a proper oath. State v. Shearer, 628 So.2d 1102 (Fla. 1993). We remand, however, with leave to re-file the motion with the proper oath. Nelson v. State, 875 So.2d 579 (Fla. 2004); Ferrell v. State, 825 So.2d 498 (Fla. 2d DCA 2002).
STONE, KLEIN and TAYLOR, JJ., concur.