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616 So. 2d 169

Johnson v. State

District Court of Appeal of Florida · decided 1993-03-31

Relies on 616 So. 2d 1 - State v. Johnson · 464 So. 2d 1171 - Scott v. State · Donahue v. State

Decided 1993-03-31

PER CURIAM.

¶1We affirm this appeal from the trial court’s denial of appellant’s motion for relief under Florida Rule of Criminal Proce*170dure 3.850, as the motion did not contain an adequate oath. Scott v. State, 464 So.2d 1171 (Fla.1985). This is without prejudice to appellant’s filing a new 3.850 motion with a proper oath.

¶2Should such motion be filed, we would invite the trial court’s consideration of State v. Johnson, 616 So.2d 1 (Fla.1993), as further discussed in Donahue v. State, 616 So.2d 65 (Fla. 1st DCA 1993).

HERSEY and POLEN, JJ., concur.FARMER, J., concurs in result only.
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