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696 So. 2d 458

Ellis v. State

District Court of Appeal of Florida · decided 1997-07-02

Relies on 627 So. 2d 1170 - Anderson v. State

Decided 1997-07-02

PER CURIAM.

¶1The trial court summarily denied appellant’s motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court’s order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla.1993).

¶2REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.
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