WILLIE LEE HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-01-25
No. 4D05-4291
STONE, KLEIN and TAYLOR, JJ., concur.
918 So. 2d 450 Florida District Court of Appeal, Fourth District (2006)

Opinion of the Court
PER CURIAM.

[*451] PER CURIAM.

We affirm an order denjdng Appellant’s motion for post-eonviction relief filed under Florida Rule of.Criminal Procedure 3.850. The trial court correctly recognized Appellant’s motion did not include a proper oath. State v. Shearer, 628 So. 2d 1102 (Fla.1993). We remand, however, with leave to re-file the motion with the proper oath. Nelson v. State, 875 So. 2d 579 (Fla. 2004); Ferrell v. State, 825 So. 2d 498 (Fla. 2d DCA 2002).

STONE, KLEIN and TAYLOR, JJ., concur.


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