Nwajei v. State
Citation | 964 So.2d 887 |
Decision Date | 26 September 2007 |
Docket Number | No. 2D07-648.,2D07-648. |
Parties | Kessington NWAJEI, Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
Kessington Nwajei appeals the summary dismissal of his motion to vacate judgment that was treated as a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the dismissal because the motion did not include an oath as required by rule 3.850(c). See also Fla. R.Crim. P. 3.987 ( ). This affirmance is without prejudice to Nwajei's right to refile a properly sworn motion within the time remaining under rule 3.850(b). Any such motion shall not be deemed successive.
Affirmed.
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Bivens v. Sec'y, Fla. Dep't of Corr.
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