Watson v. State

The defendant appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion, seeking to withdraw his plea. The state responded in the circuit court that the defendant’s prior rule 3.850 motion, which raised other grounds, should bar the instant motion as successive. We disagree with the state because the prior motion, filed through counsel, was unsworn, and thus, as a rule 3.850 motion, it should have been dismissed. Furthermore, because the prior motion was filed within thirty days after the defendant’s sentencing, it could have been considered as a rule 3.170(i)…