Catches v. State, 97-4880

• Decision Date: 03 March 1998
• Docket Number: No. 97-4880,97-4880
• Parties: 23 Fla. L. Weekly D664 Jason Allen CATCHES, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 941

706 So.2d 941

23 Fla. L. Weekly D664

Jason Allen CATCHES, Appellant, v. STATE of Florida, Appellee.

No. 97-4880.

District Court of Appeal of Florida,

First District.

March 3, 1998.

An appeal from the Circuit Court for Escambia County; Nancy Gilliam, Judge.

Appellant, pro se.

No appearance for Appellee.

PER CURIAM.

The postconviction motion filed, pursuant to Florida Rule of Criminal Procedure 3.850, did not contain the proper oath. See Gorham v. State, 494 So.2d 211 (Fla.1986); Scott v. State, 464 So.2d 1171 (Fla.1985) (use of the qualifying words "to the best of [my] knowledge" renders oath improper under 3.850). Therefore, we affirm the trial court's dismissal based on facial insufficiency. Our affirmance is without prejudice to appellant filing with the trial court a timely postconviction motion which complies with the requirements set forth in rule 3.850.

BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.