DAVID VOGEL, PETITIONER,
v.
JUDGE JOHN G. FERRIS AND THE SEVENTEENTH JUDICIAL CIRCUIT COURT OF BROWARD COUNTY, FLORIDA, RESPONDENTS

Fla. 4th DCA | 1987-10-14
No. No.. 4-86-3082
HERSEY, C.J., and LETTS and DELL, JJ., concur.
513 So. 2d 1100 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner David Vogel files this petition for writ of mandamus or habeas corpus, which we treat as an appeal pursuant to Florida Rule of Appellate Procedure 9.140(g), from an order by the Broward Circuit Court summarily denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850.

The motion for post-conviction relief did not contain the oath required under the rule. The trial court apparently entered two orders denying the motion. The first order denied the motion on its merits, the second order denied the motion for lack of proper verification. Despite this apparently inadvertent duplication of effort, the trial court properly denied the motion since it lacked the required oath. Scott v. State, 464 So. 2d 1171 (Fla.1985). We affirm without prejudice to petitioner’s right to file a sworn motion.

AFFIRMED.

HERSEY, C.J., and LETTS and DELL, JJ., concur.


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