¶1We affirm with prejudice the trial court’s denial of appellant’s motion for relief, pursuant to Florida Rule of Criminal Procedure 3.850, except for that portion where appellant alleges his probation was improperly revoked without being afforded counsel. As to that allegation, we affirm without prejudice to appellant’s refiling a timely and properly sworn motion. See Scott v. State, 464 So.2d 1171 (Fla.1985).
683 So. 2d 1165
Mincey v. State
District Court of Appeal of Florida
Decided December 18, 1996
District Court of Appeal of Florida · decided 1996-12-18
Relies on 464 So. 2d 1171 - Scott v. State
Decided 1996-12-18