ELLIS v. STATE

No. 5D01-3098.

800 So.2d 761 (2001)

Mark O. ELLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 2001.


Attorney(s) appearing for the Case

Mark Orben Ellis, Lowell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


PALMER, J.

Mark Orben Ellis appeals the denial of his rule 3.850 motion. See Fla. R.Crim. P. 3.850. Concluding that the trial court erred in denying the motion solely on the basis that it was not notarized, we reverse.

In order for a rule 3.850 motion to be legally sufficient it does not have to be notarized, it only has to contain a signed declaration. See State v. Shearer, 628 So.2d 1102 (Fla.1993)(holding...

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