Cline v. State
This text of 875 So. 2d 764 (Cline v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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]*765Reversed and remanded for further proceedings consistent herewith.
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875 So. 2d 764, 2004 Fla. App. LEXIS 8373, 2004 WL 1354364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-state-fladistctapp-2004.