Opinion
Case No. 4D00-3045
Opinion filed October 4, 2000 July Term 2000
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. Case No. 97-4277 CFA02.
Curtis Creel, Belle Glade, pro se.
No appearance required for appellee.
Curtis Creel appeals the order that summarily denied his postconviction motion. The trial court adopted the state's response that the motion did not include a proper oath, but did not follow the state's recommendation that denial be without prejudice to file a new motion that cures the defect.
We affirm without prejudice for Creel to file a new motion that is properly sworn. This motion is to be filed no later than thirty days after the issuance of the mandate in this appeal. We refer Creel to the wording of the oaths contained in the model form set out in Florida Rule of Criminal Procedure 3.986.
DELL, STEVENSON and HAZOURI, JJ., concur.