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.