Opinion
No. 96-3536.
December 18, 1996.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. Case No. 96-2868CF10A.
Rickey Mincey, Miami, pro se.
No appearance required for appellee.
We affirm with prejudice the trial court's denial of appellant's motion for relief, pursuant to Florida Rule of Criminal Procedure 3.850, except for that portion where appellant alleges his probation was improperly revoked without being afforded counsel. As to that allegation, we affirm without prejudice to appellant's refiling a timely and properly sworn motion. See Scott v. State, 464 So.2d 1171 (Fla. 1985).
POLEN, KLEIN and GROSS, JJ., concur.