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656 So. 2d 278

Pereiro v. State

District Court of Appeal of Florida · decided 1995-06-21

Relies on Love v. State

Decided 1995-06-21

PER CURIAM.

¶1As appellant correctly concedes, the trial court’s denial of his motion, filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, must be affirmed due to the fact that it failed to contain the oath required by law.

¶2This affirmance, however, is without prejudice to the refiling of a properly sworn motion in the trial court. See Love v. State, 623 So.2d 1221 (Fla. 1st DCA 1993).

¶3Affirmed.

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