Moore v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 STACEY MOORE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3197 [September 13, 2006] PER CURIAM. The trial court s order summarily denying appellant s motion for postconviction 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. * * * 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. Not final until disposition of timely filed motion for rehearing.
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