Smith v. State

CASANUEVA, Judge.

Robert A. Smith appeals the order summarily denying his amended motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We reverse and remand with directions that the postconviction court address the merits of Mr. Smith’s amended motion.

The postconviction court struck Mr. Smith’s original rule 3.850 motion for failure to contain an oath and gave him thirty days to amend. See Piper v. State, 21 So.3d 902, 904 (Fla. 2d DCA 2009). Mr. Smith filed an amended motion, but it still failed to contain the required oath. Consequently, the postconviction…