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McKEE v. STATE

No. BO-455.

506 So.2d 478 (1987)

James Milo McKEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 5, 1987.

Attorney(s) appearing for the Case

James Milo McKee, pro se.

No appearance for appellee.

SMITH, Judge.

Since appellant's motion for postconviction relief was not under oath as required by Florida Rule of Criminal Procedure 3.850, the trial court properly denied his motion. Scott v. State, 464 So.2d 1171 (Fla. 1985). Appellant may therefore refile his sworn motion alleging, as he did in the present motion, that his plea was involuntary due to his counsel's erroneous...

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