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Cline v. State

District Court of Appeal of Florida, Third District
Jun 16, 2004
875 So. 2d 764 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D04-1066.

Opinion filed June 16, 2004.

An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Ivan F. Fernandez, Judge, Lower Tribunal No. 76-9088.

Clifford Cline, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, FLETCHER and RAMIREZ, JJ.


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.

Reversed and remanded for further proceedings consistent herewith.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.


Summaries of

Cline v. State

District Court of Appeal of Florida, Third District
Jun 16, 2004
875 So. 2d 764 (Fla. Dist. Ct. App. 2004)
Case details for

Cline v. State

Case Details

Full title:CLIFFORD CLINE, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 16, 2004

Citations

875 So. 2d 764 (Fla. Dist. Ct. App. 2004)