Miller v. State

617 So.2d 332 (1993)

James Robert MILLER, Appellant,

v.

STATE of Florida, Appellee.

No. 93-00566.

District Court of Appeal of Florida, Second District.

April 7, 1993.

James Robert Miller appeals the summary denial of his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

Appellant timely filed a motion for postconviction relief, which the trial court dismissed without prejudice for lack of an oath. See Scott v. State, 464 So.2d 1171 (Fla. 1985). The order was entered after the two-year limit of rule 3.850 had expired. Twenty-eight days…