Little v. State

Although appellant’s motion for postconviction relief was sworn to, the facts in support of the motion were set out in a separate memorandum of law which was not under oath. We find the motion to be facially insufficient to support the granting of any relief as all matters of record were alleged in the unsworn memorandum of law. Jones v. State, 637 So.2d 999 (Fla. 1st DCA 1994); Rackley v. State, — So.2d— [1995 WL 437266], 20 Fla.L. Weekly D1716 (Fla. 1st DCA Jul. 26, 1995). Accordingly, we affirm the trial court’s ruling. This disposition is without prejudice to appellant’s right to re*1380submit…