ARMEY v. STATE

No. 2D04-1837.

880 So.2d 1269 (2004)

John ARMEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 1, 2004.


CASANUEVA, Judge.

John Armey appeals an order dismissing his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. The circuit court found that Armey had failed to properly swear to the motion and dismissed it without prejudice for Armey to refile "a motion which complies with the requirements of Florida Rule of Criminal Procedure 3.850." As the circuit erred on this point, we reverse.

At the end of his rule 3.850 motion, Armey...

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