Public-domain · open source
OpenJurist

375 So. 2d 869

Dulaney v. State

District Court of Appeal of Florida

Decided October 10, 1979

District Court of Appeal of Florida · decided 1979-10-10

Relies on Naya v. Naya

Decided 1979-10-10

PER CURIAM.

¶1Jimmy Albert Dulaney appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge’s order disposing of the motion because the motion was not under oath. Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979).

¶2Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.
/375/so2d/869 · .json · Public domain