Welch v. State

946 So.2d 649 (2007)

Nicholas M. WELCH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D06-3024.

District Court of Appeal of Florida, Second District.

January 26, 2007.

KELLY, Judge.

Nicholas M. Welch appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Welch's postconviction motion is not properly sworn, we reverse the postconviction court's denial and remand for further proceedings.

Welch's rule 3.850 motion and memorandum of law alleged six claims. The postconviction court addressed the six claims on the merits.…