ORR v. STATE

No. 4D13-4800.

149 So.3d 126 (2014)

Howard Fitzgerald ORR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 24, 2014.


Attorney(s) appearing for the Case

Howard Fitzgerald Orr, Moore Haven, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.


On Confession of Error

PER CURIAM.

The State concedes that this matter should be remanded for the trial court to consider appellant's amended motion for postconviction relief which included the oath the court found lacking in the original motion. See Spera v. State, 971 So.2d 754 (Fla.2007).

The trial court in its order found that, even if properly sworn, the motion would still be denied as untimely...

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