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Ross v. State

District Court of Appeal of Florida, Second District
Apr 17, 1992
598 So. 2d 148 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-00844.

April 17, 1992.

Appeal from the Circuit Court for Hillsborough County, Donald C. Evans, J.


John Ross appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the appellant's allegation regarding the voluntariness of his plea is facially sufficient, the motion did not contain an oath. See Scott v. State, 464 So.2d 1171 (Fla. 1985). We therefore affirm the summary denial without prejudice to the filing of a properly sworn motion. See McWilliams v. State, 469 So.2d 229 (Fla. 2d DCA 1985).

LEHAN, Acting C.J., and FRANK and PATTERSON, JJ., concur.


Summaries of

Ross v. State

District Court of Appeal of Florida, Second District
Apr 17, 1992
598 So. 2d 148 (Fla. Dist. Ct. App. 1992)
Case details for

Ross v. State

Case Details

Full title:JOHN EDWARD ROSS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 17, 1992

Citations

598 So. 2d 148 (Fla. Dist. Ct. App. 1992)

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