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949 So. 2d 328

Fletcher v. State

District Court of Appeal of Florida

Decided February 23, 2007

District Court of Appeal of Florida · decided 2007-02-23

Relies on Saba v. State · Van Aernam v. State · Woodson v. State

Decided 2007-02-23

PER CURIAM.

¶1George Fletcher appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s decision because the motion was not made under oath as required. See Fla. R.Crim. P. 3.850(c). Thus, we affirm without prejudice for Fletcher to file a new, properly sworn motion that contains factual allegations. See Gonzalez v. State, 869 So.2d 775 (Fla. 5th DCA 2004); Creel v. State, 769 So.2d 450 (Fla. 4th DCA 2000); Linton v. State, 721 So.2d 743 (Fla. 5th DCA 1998); Van Aernam v. State, 715 So.2d 1143 (Fla. 5th DCA 1998); Saba v. State, 677 So.2d 41 (Fla. 5th DCA 1996).

¶2AFFIRMED.

THOMPSON, TORPY and EVANDER, JJ., concur.
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