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DUHART v. STATE

No. 3D00-1873.

767 So.2d 1257 (2000)

Sanford DUHART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 20, 2000.

Attorney(s) appearing for the Case

Sanford Duhart, in proper person.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.

PER CURIAM.

On May 9, 2000, the trial court entered an order which denied the relief sought under Rule 3.850, Florida Rules of Criminal Procedure, "... because the jurat is legally insufficient." (Citations omitted).

We deem the order of May 9, 2000, as being without prejudice to refile, and, upon issuance of the mandate, the trial court is hereby directed to consider the second motion filed as of July 14, 2000.

Affirmed and remanded with...

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