Williams v. State

Full title: RICHARD WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 3, 1979

375 So. 2d 611 (Fla. Dist. Ct. App. 1979)

Opinion

No. 79-1539.

October 3, 1979.

Appeal from the Circuit Court for Hillsborough County, J.C. Cheatwood, J.

PER CURIAM.

Richard Williams appeals the summary denial of his Rule 3.850 motion. We vacate the trial judge's order disposing of the motion because the motion was not under oath. Monroe v. State, 371 So.2d 683 (Fla. 2d DCA 1979).

Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion.

GRIMES, C.J., and BOARDMAN and RYDER, JJ., concur.