WAYNE CHARLES CLOUTHIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1979-10-12
No. 78-1773
HOBSON, Acting C. J., and OTT, J., concur.
375 So. 2d 874 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 2 cases
Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Wayne Charles Clouthier 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.

Fla.R.Crim.P. 3.850 specifically provides that a motion for post-conviction relief, submitted pursuant thereto, “shall be under oath.” We believe this requirement to be an absolute prerequisite to the trial court’s consideration of any such motion as it is the only effective way to prevent the use of false allegations in motions for post-conviction relief. 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.

HOBSON, Acting C. J., and OTT, J., concur.

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  • Tobin v. State, 481 So. 2d 561 (Fla. 5th DCA 1986)
    …PER CURIAM. AFFIRMED. See Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984); Smith v. State, 445 So. 2d 323 (Fla.1983); Clouthier [*562] v. State, 375 So. 2d 874 (Fla. 2d DCA 1979); Monroe v. State, 371 So. 2d 683 (Fla. 2d DCA 1979). UPCHURCH, SHARP and COWART, JJ., concur.…

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