Katwaroo v. State

The trial court’s order dismissing defendant’s rule 3.850 motion is affirmed without prejudice to defendant filing a timely motion with either a sworn oath or a declaration. See, e.g., Creel v. State, 769 So.2d 450 (Fla. 4th DCA 2000) (affirming summary denial of postconviction motion that failed to include a proper oath; affirmance *613without prejudice to defendant filing properly sworn motion).

AFFIRMED.

SAWAYA, ORFINGER and TORPY, JJ., concur.