Ferrell v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT NEIL LENWOOD FERRELL, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D02-3080 Opinion filed September 4, 2002. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge. KELLY, Judge. Neil Lenwood Ferrell appeals from an order dismissing his motion and amended motion for postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.850. The trial court correctly found that Ferrell s motions were not properly sworn. See State v. Shearer, 628 So. 2d 1102 (Fla. 1993). Accordingly, we affirm the trial court s order but do so without prejudice to Ferrell s refiling of the motion with the proper oath. DAVIS and COVINGTON, JJ., Concur. -2-

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