Harris v. State

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.