Dumel v. State

The appellant, Willie Dumel (“Dumel”) appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Because Dumel’s motion was not properly sworn, we reverse the trial court’s denial and remand for further proceedings.

Dumel moved for postconviction relief under rule 3.850 based on newly discovered evidence. The trial court addressed the merits of his claim and the motion was summarily denied. The motion and reply to the State’s response, however, both of which were filed by counsel, contained no oath. Although Dumel’s attorney stated…