Bretti v. State

Dominick A. Bretti appeals from an order denying his Rule 1.850, 33 F.S.A., motion to vacate his judgment and sentence.

*528For a statement of the reasons for the dismissal of his original appeal from the conviction see Bretti v. Wainwright, Fla.1969, 225 So.2d 516.

We will not consider an appeal from the denial of a Rule 1.850 motion as a substitute for the original appeal which Bretti abandoned. Mitchell v. State, Fla.App.1964, 167 So.2d 27.

Bretti argues that the trial court erred in denying his motion under Rule 1.850 because the original information was not personally sworn to as required by…