Mincey v. State (683 So. 2d 1165, 1996)

PER CURIAM.

We affirm with prejudice the trial court’s denial of appellant’s motion for relief, pursuant to Florida Rule of Criminal Procedure 3.850, except for that portion where appellant alleges his probation was improperly revoked without being afforded counsel. As to that allegation, we affirm without prejudice to appellant’s refiling a timely and properly sworn motion. See Scott v. State, 464 So.2d 1171 (Fla.1985).

POLEN, KLEIN and GROSS, JJ., concur.