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837 So. 2d 612

Katwaroo v. State

District Court of Appeal of Florida

Decided February 21, 2003

District Court of Appeal of Florida · decided 2003-02-21

Relies on 769 So. 2d 450 - Creel v. State

Decided 2003-02-21

PER CURIAM.

¶1The trial court’s order dismissing defendant’s rule 3.850 motion is affirmed without prejudice to defendant filing a timely motion with either a sworn oath or a declaration. See, e.g., Creel v. State, 769 So.2d 450 (Fla. 4th DCA 2000) (affirming summary denial of postconviction motion that failed to include a proper oath; affirmance *613without prejudice to defendant filing properly sworn motion).

¶2AFFIRMED.

SAWAYA, ORFINGER and TORPY, JJ., concur.
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