BRIAN TULLIS WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN TULLIS WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
580 So. 2d 624
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from the trial court’s summary denial of appellant’s motion to vacate and set aside an illegal sentence. Appellant’s motion for post-conviction relief is insufficient, in that it is not under oath as required by Florida Rule of Criminal Procedure 3.850, and it fails to include the information required by subsections (b), (c), and (d) of the rule.
Accordingly, we affirm the denial of appellant’s motion, but such denial is without prejudice to the filing of a proper motion in accordance with the requirements of the rule.
JOANOS and ZEHMER, JJ., and CAWTHON, Senior Judge, concur.
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Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996)…6). We agree, however, that the trial court’s order of dismissal should have been with leave to file an amended motion conforming to the requirements of rule 3.850(c). See Brown; Burns v. State, 651 So. 2d 813 (Fla. 5th DCA 1995); Williams v. State, 580 So. 2d 624 (Fla. 1st DCA 1991). Accordingly, we affirm the trial court’s order of dismissal. Because the allegations contained in appellant’s motion are otherwise legally sufficient, our affirmance is without prejudice to appellant’s refiling his motion for…
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Black v. State, 610 So. 2d 89 (Fla. 1st DCA 1992)…al would be necessary given the trial court’s failure to attach this critical portion of the record, we must affirm the summary denial due to the insufficiency of the unsworn motion. See Scott v. State, 464 So. 2d 1171 (Fla.1985); Williams v. State, 580 So. 2d 624 (Fla. 1st DCA 1991); Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992). Accordingly, we affirm the denial of appellant’s motion without prejudice to the filing of a properly sworn motion. [*90] BOOTH and MINER, JJ., concur. BARFIELD, J., concurs…