DALE E. ZIPPERER, APPELLANT,
v.
HARRY K. SINGLETARY, APPELLEE
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PER CURIAM.
Appellant, an inmate of the state correctional system, seeks review of an order denying his motion, filed pursuant to Florida Rule of Criminal Procedure 8.850, seeking post-conviction relief. The trial court denied the motion as not properly sworn, without reaching the merits. We conclude that, although the motion incorporates a memorandum of law, the form, and the unnotarized oath at the conclusion of the document, substantially comply with Florida Rule of Criminal Procedure 3.987. We conclude, further, that the allegations of the motion are sufficient to state claims for relief based upon ineffective assistance of trial counsel for (1) failing to inform the trial court that appellant was under the influence of psychotropic medication when he entered his pleas, and (2) failing to inform appellant that he had a viable defense of voluntary intoxication. Accordingly, we reverse, and remand for further proceedings.
REVERSED and REMANDED, with directions.
WEBSTER, MICKLE and PADOVANO, JJ., concur.
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Stoutamire v. State, 710 So. 2d 744 (Fla. 1st DCA 1998)…ules of Criminal Procedure, and might have been considered as such by the trial court had the notary’s certificate reflected that he took an oath that substantially complied with Florida Rules of Criminal Procedure 3.987, see Zipperer v. Singletary, 693 So. 2d 122 (Fla. 1st DCA 1997); Hall v. State, 643 So. 2d 635 (Fla. 1st DCA 1994) (on rehearing). Since it does not substantially comply, we must affirm; however, our affir-mance is without prejudice to file a properly sworn rule 3.850 motion before the time e…
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