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LEVERETT v. STATE

No. 79-16.

375 So.2d 62 (1979)

Raul Lum LEVERETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Karal B. Rushing, Asst. Public Defender, and Daniel L. Perry, Legal Intern, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

Raul Lum Leverett appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge's order disposing of the motion because the motion was not under oath.

Accordingly, for the reasons we set forth in Monroe v. State, 371 So.2d 683 (Fla.2d DCA 1979), we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

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