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SERRANO v. STATE

No. 92-1086.

596 So.2d 1303 (1992)

Joseph SERRANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 6, 1992.

Attorney(s) appearing for the Case

Joseph Serrano, pro se.

No appearance for appellee.

PER CURIAM.

The trial court properly found that appellant's Rule 3.850 motion for post-conviction relief did not contain a proper oath. See Scott v. State, 464 So.2d 1171 (Fla. 1985). However, the court should have denied the motion without prejudice to appellant to file a properly sworn motion. Id. at 1172. We, therefore, affirm the order on review, but without prejudice to appellant to file a properly sworn Rule...

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