Creel v. State

769 So.2d 450 (2000)

Curtis CREEL, Appellant,

v.

STATE of Florida, Appellee.

No. 4D00-3045.

District Court of Appeal of Florida, Fourth District.

October 4, 2000.

Curtis Creel, Belle Glade, pro se.

No appearance required for appellee.

Curtis Creel appeals the order that summarily denied his postconviction motion. The trial court adopted the state's response that the motion did not include a proper oath, but did not follow the state's recommendation that denial be without prejudice to file a new motion that cures the defect.

We affirm without prejudice for Creel to file a new motion that is properly…