STEVEN VANDERVLIST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Steven Vandervlist appeals the denial of his motion for postconviction relief sought pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.
The trial court never reached the merits of Vandervlist’s motion, finding instead that the motion was untimely filed more than two years after the judgment and sentence became final. However, the trial court failed to support its finding by attaching a copy of the judgment and sentence to its order. Accordingly, we reverse and remand. The trial court may either deny the motion and attach documentation which demonstrates that Van-dervlist is not entitled to relief or conduct further proceedings.
Reversed and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and FULMER, JJ., concur.
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Williams v. State, 884 So. 2d 374 (Fla. 2d DCA 2004)…2d DCA 2004); Patmore v. State, 735 So. 2d 521 (Fla. 2d DCA 1999). To further complicate matters, it is well established that a motion that is actually unsworn should not be stricken, but should be dismissed without prejudice. See Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). Most trial courts dismiss such pleadings with leave to amend to include the oath within twenty or thirty days. This procedure renders the order nonfínal and nonappealable and saves considerable judicial resources. The order on…
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Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996)…n for post-conviction relief in compliance with the requirements of rule 3.850(c) within thirty days of this court’s mandate. See Goff v. State, 673 So. 2d 990 (Fla. 4th DCA 1996); Reese v. State, 518 So. 2d 473 (Fla. 4th DCA 1988); Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). STEVENSON and SHAHOOD, JJ., concur.…
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Troya v. State, 817 So. 2d 932 (Fla. 4th DCA 2002)…ost-conviction relief in compliance with the requirements of rule 3.850(c) within thirty days of this court’s mandate. See Goff v. State, 673 So. 2d 990 (Fla. 4th DCA 1996); Reese v. State, 518 So. 2d 473 (Fla. 4th DCA 1988); [*933] Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). GUNTHER, KLEIN and TAYLOR, JJ., concur.…
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