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772 So. 2d 38

Drake v. State

District Court of Appeal of Florida

Decided September 27, 2000

District Court of Appeal of Florida · decided 2000-09-27

Cited by 18 later decisions — most recently October 2013

18 state decisions

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

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Decided 2000-09-27

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PER CURIAM.

¶1Ulysses Drake, Jr., appeals from the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without discussion the trial court’s denial of relief to Drake on all the issues raised in his original motion for postconviction relief. In addition, we affirm the trial court’s denial of relief on the sole issue raised in Drake’s amended motion for postconviction relief because that amended motion was not under oath as required by rule 3.850(c).

¶2However, the trial court should have offered Drake the opportunity to refile his motion under oath. See Anderson v. State, 627 So.2d 1170 (Fla.1993). Therefore, we affirm the trial court’s order without prejudice to Drake’s right to file his amended motion under oath with the trial court within thirty days from the date of issuance of the mandate in this appeal.

PARKER, A.C.J., and FULMER and WHATLEY, JJ., Concur.
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