James v. State

Channing 0. James timely appeals the order summarily denying with prejudice his motion filed under Florida Rule of Criminal Procedure 3.850 for failure to include the certifications required by rule 3.850(n)(l) and (2) after the court gave him two opportunities to amend. We reverse.

James’ retained, counsel filed a rule 3.850 motion containing a certification signed by James stating that he reads English, that he read the motion, and that the facts stated in it were true to the best of his knowledge. The postconviction court struck .James’ motion for failure to contain a proper oath, see…