¶1The trial court’s order summarily denying appellant’s motion for post-conviction relief without prejudice is affirmed. Although the supplement to the motion for post-conviction relief contains a proper oath, the oath appended to the original motion is legally insufficient. Thus, the trial court properly denied appellant’s motion without prejudice to the filing of a duly sworn motion. See generally Scott v. State, 464 So.2d 1171 (Fla.1985); Hundley v. State, 929 So.2d 1087 (Fla. 4th DCA 2006).
937 So. 2d 775
Moore v. State
District Court of Appeal of Florida
Decided September 13, 2006
District Court of Appeal of Florida · decided 2006-09-13
Relies on 464 So. 2d 1171 - Scott v. State · Hundley v. State
Decided 2006-09-13