Dixon v. State

Full title: SHELTON DIXON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Sep 4, 1996

678 So. 2d 530 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-1207.

September 4, 1996.

An appeal from the Circuit Court for Okaloosa County. G. Robert Barron, Judge.

Appellant pro se.

No appearance for Appellee.

PER CURIAM.

We construe the motion filed by appellant in the trial court as one seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. However, the motion was not properly verified under oath. Gorham v. State, 494 So.2d 211 (Fla. 1986); Scott v. State, 464 So.2d 1171 (Fla. 1985); Fla. R.Crim. P. 3.987. Accordingly, the motion was legally insufficient. Therefore, the order denying the motion is affirmed.

AFFIRMED.

ALLEN, WEBSTER and MICKLE, JJ., concur.