Katwaroo v. State

Full title: DERYCK KATWAROO, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 21, 2003

837 So. 2d 612 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 5D03-214.

Opinion filed February 21, 2003.

3.850 Appeal from the Circuit Court for Orange County, Belvin Perry, Jr., Judge.

Deryck Katwaroo, Chipley, pro se.

No Appearance for Appellee.

PER CURIAM.

The trial court's order dismissing defendant's rule 3.850 motion is affirmed without prejudice to defendant filing a timely motion with either a sworn oath or a declaration. See, e.g., Creel v. State, 769 So.2d 450 (Fla. 4th DCA 2000) (affirming summary denial of postconviction motion that failed to include a proper oath; affirmance without prejudice to defendant filing properly sworn motion).

AFFIRMED.

SAWAYA, ORFINGER and TORPY, JJ., concur.