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PEREIRO v. STATE

No. 94-847.

656 So.2d 278 (1995)

Pedro PEREIRO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 21, 1995.

Attorney(s) appearing for the Case

Pedro Pereiro, in pro. per.

Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and LEVY, JJ.

PER CURIAM.

As appellant correctly concedes, the trial court's denial of his motion, filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, must be affirmed due to the fact that it failed to contain the oath required by law.

This affirmance, however, is without prejudice to the refiling of a properly sworn motion in the trial court. See Love v. State, 623 So.2d 1221 (Fla. 1st DCA 1993).

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