Sugar v. State

Full title: JAMES LEONARD SUGAR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jun 29, 1995

655 So. 2d 1271 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-3853.

June 6, 1995. Rehearing Denied June 29, 1995.

An appeal from the Circuit Court for Duval County; R. Hudson Olliff, Judge.

Appellant pro se.

Robert A. Butterworth, Atty. Gen., Thomas Falkinburg, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The motion filed in the trial court by appellant, pursuant to Florida Rule of Criminal Procedure 3.850, 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 that motion is affirmed.

AFFIRMED.

WOLF, WEBSTER and LAWRENCE, JJ., concur.