HATHCOCK v. STATE

No. 85-1970.

505 So.2d 649 (1987)

Herbert Lee HATHCOCK, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 1987.


Attorney(s) appearing for the Case

Herbert Lee Hathcock, Jr., pro se.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our opinion of February 18, 1987 and substitute the following:

This is an appeal from an order denying appellant's second motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. The trial court stated two grounds for denial of appellant's motion, first that appellant failed to file his motion under oath as required by Rule 3.850 and second, that the motion...

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