MARTINEZ v. STATE, 608 So.2d 556 (Fla.App. 4 Dist. 1992)

JUAN MARTINEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 92-2987.District Court of Appeal of Florida, Fourth District.
November 18, 1992.

Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; James R. Stewart, Jr., Judge.

Juan Martinez, pro se.

No appearance required for appellee.

PER CURIAM.

The trial court’s order summarily denying appellant’s motion for post-conviction relief filed pursuant to rule 3.850, Florida

Page 557

Rules of Criminal Procedure, is affirmed, without prejudice to appellant filing a properly sworn motion in the trial court. See Scott v. State, 464 So.2d 1171 (Fla. 1985).

GLICKSTEIN, C.J., and DOWNEY and DELL, JJ., concur.

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