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PATE v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Ernest Gregory PATE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2258

Decided: November 07, 2019

Ernest Gregory Pate, Bowling Green, pro se. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

Ernest Gregory Pate appeals the dismissal of his amended motion for postconviction relief. The trial court dismissed Pate's motion because it was not made under oath as required by Florida Rule of Criminal Procedure 3.850(c). We affirm the dismissal without prejudice to Pate filing a timely amended postconviction motion that comports with the rule's oath requirement.

AFFIRMED.

PER CURIAM.

ORFINGER and HARRIS, JJ., and JACOBUS, B.W., Senior Judge concur.

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PATE v. STATE (2019)

Docket No: Case No. 5D19-2258

Decided: November 07, 2019

Court: District Court of Appeal of Florida, Fifth District.

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