Purvis v. State

Full title: JOSEPH E. PURVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 17, 1995

685 So. 2d 852 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-02885.

November 17, 1995.

Appeal pursuant to Fla.R.App.P. 9.140 (g) from the Circuit Court for Pinellas County; Catherine Halan, Judge.

PER CURIAM.

Joseph E. Purvis appeals the dismissal of his motion brought pursuant to Florida Rule of Criminal Procedure 3.850. Since Purvis' motion is not properly sworn, we affirm without prejudice to the appellant's refiling his motion for postconviction relief with the proper oath. See State v. Shearer, 628 So.2d 1102 (Fla. 1993); Williams v. State, 561 So.2d 1349 (Fla. 1st DCA 1990).

THREADGILL, C.J., and CAMPBELL and FULMER, JJ., concur.