Pereiro v. State

PER CURIAM. As appellant correctly concedes, the trial court’s denial of his motion, filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, must be affirmed due to the fact that it failed to contain the oath required by law. This affirmance, however, is without prejudice to the refiling of a properly sworn motion in the trial court. See Love v. State, 623 So.2d 1221 (Fla. 1st DCA 1993). Affirmed.