BENJAMIN JOHNSON A/K/A ANTHONY B. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BENJAMIN JOHNSON A/K/A ANTHONY B. JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
616 So. 2d 169
Florida District Court of Appeal, Fourth District (1993)
Opinion of the Court
PER CURIAM.
We affirm this appeal from the trial court’s denial of appellant’s motion for relief under Florida Rule of Criminal Proce dure 3.850, as the motion did not contain an adequate oath. Scott v. State, 464 So. 2d 1171 (Fla.1985). This is without prejudice to appellant’s filing a new 3.850 motion with a proper oath.
Should such motion be filed, we would invite the trial court’s consideration of State v. Johnson, 616 So. 2d 1 (Fla.1993), as further discussed in Donahue v. State, 616 So. 2d 65 (Fla. 1st DCA 1993).
HERSEY and POLEN, JJ., concur. FARMER, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)
- Donahue v. State, 616 So. 2d 65 (Fla. 1st DCA 1993)