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RAMIREZ v. STATE

No. 90-1928.

566 So.2d 939 (1990)

Edurado B. RAMIREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 19, 1990.

Attorney(s) appearing for the Case

Edurado B. Ramirez, Belle Glade, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. State Atty., West Palm Beach, for appellee.

PER CURIAM.

The trial court summarily denied appellant's 3.850 motion on the ground that although the motion was under oath, the appellant had incorporated four pages of facts which were not under oath, citing Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984). However, unlike Daniels, the factual recitation here was not part of a separate pleading but was part of the motion itself, being a lengthy recitation of the...

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