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Moore v. State

District Court of Appeal of Florida, Fourth District
Sep 13, 2006
937 So. 2d 775 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D06-3197.

September 13, 2006.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge, L.T. Case No. 03-18944 CF10A.

Stacey Moore, Belle Glade, pro se.

No appearance required for appellee.


The trial court's order summarily denying appellant's motion for post-conviction relief without prejudice is affirmed. Although the supplement to the motion for post-conviction relief contains a proper oath, the oath appended to the original motion is legally insufficient. Thus, the trial court properly denied appellant's motion without prejudice to the filing of a duly sworn motion. See generally Scott v. State, 464 So.2d 1171 (Fla. 1985); Hundley v. State, 929 So.2d 1087 (Fla. 4th DCA 2006).

STEVENSON, C.J., GUNTHER and KLEIN, JJ., concur.


Summaries of

Moore v. State

District Court of Appeal of Florida, Fourth District
Sep 13, 2006
937 So. 2d 775 (Fla. Dist. Ct. App. 2006)
Case details for

Moore v. State

Case Details

Full title:Stacey MOORE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 13, 2006

Citations

937 So. 2d 775 (Fla. Dist. Ct. App. 2006)