Cline v. State

District Court of Appeal of Florida

Cline v. State

875 So. 2d 764, 2004 Fla. App. LEXIS 8373, 2004 WL 1354364

District Court of Appeal of Florida·Decided June 16, 2004·No. No. 3D04-1066·Published

Opinion

PER CURIAM.

Clifford Cline appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a).

The trial court denied the motion because it was not verified. There is, however, no requirement for verification for a Rule 3.800 motion. See Fla. R.Crim. P. 3.800(a); Raley v. State, 675 So.2d 170, 172 (Fla. 5th DCA 1996); Judge v. State, 596 So.2d 73, 76-77 (Fla. 2d DCA 1991) (en banc); see also Braun v. State, 789 So.2d 1250, 1251 n. 1 (Fla. 4th DCA 2001).

Accordingly we reverse the order and remand for further consideration by the trial court. We express no opinion on the merits of the Rule 3.800 motion.

[765] Reversed and remanded for further proceedings consistent herewith.

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PER CURIAM.

Clifford Cline appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a).

The trial court denied the motion because it was not verified. There is, however, no requirement for verification for a Rule 3.800 motion. See Fla. R.Crim. P. 3.800(a); Raley v. State, 675 So.2d 170, 172 (Fla. 5th DCA 1996); Judge v. State, 596 So.2d 73, 76-77 (Fla. 2d DCA 1991) (en banc); see also Braun v. State, 789 So.2d 1250, 1251 n. 1 (Fla. 4th DCA 2001).

Accordingly we reverse the order and remand for further consideration by the trial court. We express no opinion on the merits of the Rule 3.800 motion.

[765] Reversed and remanded for further proceedings consistent herewith.

Cline v. State, 875 So. 2d 764, 2004 Fla. App. LEXIS 8373, 2004 WL 1354364 (Fla. Ct. App. 2004).

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