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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

PER CURIAM.

¶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).

STEVENSON, C.J., GUNTHER and KLEIN, JJ., concur.
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