TYRONE WILLIAMS ETC. V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 TYRONE WILLIAMS, a/k/a TYRONE EDWARDS, ** ** Appellant, CASE NO. 3D01 3398 ** vs. ** THE STATE OF FLORIDA, Appellee. ** ** LOWER TRIBUNAL CASE NO[S]. F87-37836 F88-7148; F88-23321; F87-36543 Opinion filed November 13,2002. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Cecilia M. Altonaga, Judge. Tyrone Williams a/k/a Tyrone Edwards, in proper person. Richard E. Doran, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee. Before COPE, LEVY, and FLETCHER, JJ. PER CURIAM. We agree with the State that the trial court incorrectly denied Tyrone Williams motion to supplement his original Rule 3.850 motion as untimely. However, the trial court was correct to dismiss the motion to supplement insofar as it did contain the required oath. allow Tyrone Williams not We therefore affirm and remand to thirty days within which to file a properly sworn motion which addresses those specific issues originally set forth by the trial court in its June 12, 2001 order.1 Cause remanded. 1 That order denied Williams Rule 3.850 petition without prejudice to file a supplemental motion properly alleging prejudice and/or whether his trial counsel failed to identify and interview witnesses. 2

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