Brown v. State

BLACK, Judge.

Joseph A. Brown appeals the postconviction court’s order dismissing his motion to enforce plea agreement, treated as a motion under Florida Rule of Criminal Procedure 8.850. The postconviction court found Brown’s motion facially insufficient. We note that Brown’s motion is not properly sworn for purposes of rule 3.850. The postconviction court dismissed the motion without prejudice to the filing of a facially sufficient motion within the time prescribed by the rule. Because the dismissal was without prejudice, the order is not a final order and the postconviction court…