ELLIS v. STATE (1997)

District Court of Appeal of Florida,Fourth District.

Nathaniel ELLIS, Appellant, v. STATE of Florida, Appellee.

No. 97-1617.

Decided: July 02, 1997

Nathaniel Ellis, Moore Haven, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

The trial court summarily denied appellant's motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court's order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla.1993).

REVERSED and REMANDED.

PER CURIAM.

DELL, WARNER and PARIENTE, JJ., concur.

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