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WILFONG v. STATE

No. 4D99-3250.

765 So.2d 67 (2000)

Derrick WILFONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2000.

Attorney(s) appearing for the Case

Eugene S. Garrett, Boca Raton, for appellant.

No appearance required for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw the opinion dated December 22, 1999, and substitute the following.

The trial court denied Derrick Wilfong's postconviction motion because his factual allegations were contained in an unsworn memorandum, not in the motion itself. Where that type of technical defect renders a motion legally insufficient, the motion should not be denied, but rather should be dismissed with leave to file a new motion...

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