Smith v. State

618 So.2d 737 (1993)

Brian K. SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 93-00399.

District Court of Appeal of Florida, Second District.

April 7, 1993.

Brian K. Smith 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 filed a motion for postconviction relief within two years from the time his judgment and sentence became final. After the two years had passed, the trial court dismissed the motion without prejudice, primarily for failure to comply with the oath requirement of rule…