Opinion
Case No. 4D03-4938.
Opinion filed January 21, 2004.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case Nos. 99-12959 CFA02 03-2993 CFA02.
Warren Demetrius, Moore Haven, pro se.
No appearance required for appellee.
Appellant seeks review of an order that denied his motion for additional jail credit. We affirm because the motion contained a defective verification clause. See Greenwood v. State, 802 So.2d 401, 401-02 (Fla. 4th DCA 2001). This affirmance is without prejudice to appellant filing a motion with the proper oath as set forth in Florida Rule of Criminal Procedure 3.987. Thereafter, the trial court can consider the coerciveness and restrictiveness of appellant's prior detention. See Smith v. State, 849 So.2d 409, 409 (Fla. 4th DCA 2003).
WARNER, KLEIN and HAZOURI, JJ., concur.