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SMITH v. STATE

No. 5D03-3947.

861 So.2d 1292 (2004)

Henry Lincoln SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 2004.

Attorney(s) appearing for the Case

Henry Lincoln Smith, Orlando, pro se.

No Appearance for Appellee.

PLEUS, J.

Henry Lincoln Smith has appealed the denial of his rule 3.850 motion without prejudice. The trial court found that defendant's motion was facially insufficient. The motion states that it was sworn and subscribed by an Orange County Corrections officer pursuant to section 117.10, Florida Statutes, which authorizes correctional officers to administer oaths. In this case there is no statement that the facts in the motion are true and correct. Therefore, the...

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