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DAVIS v. STATE

No. 4D06-3062.

939 So.2d 218 (2006)

HASSAN DAVIS, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 11, 2006.

Attorney(s) appearing for the Case

Hassan Davis, Raiford, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Hassan Davis appeals the order denying his amended motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The original motion did not contain a proper oath and should have been denied without prejudice. See Greenwood v. State, 802 So.2d 401 (Fla. 4th DCA 2001). The amended motion, which contained a sufficient oath, should have been addressed on the merits, and not denied as successive...

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