THEOC v. STATE

No. 3D02-3030.

832 So.2d 261 (2002)

Alfredo M. THEOC, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 11, 2002.


Attorney(s) appearing for the Case

Alfredo M. Theoc, in proper person.

Richard E. Doran, Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


COPE, J.

Alfredo M. Theoc appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The court ruled that defendant-appellant Theoc had failed to swear to the motion. As the court erred on this point, we reverse.

At the end of the Rule 3.850 motion, the defendant executed the "Unnotarized Oath" set forth in Florida Rule of Criminal Procedure 3.987, stating, "Under penalties of perjury, I declare that I have...

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