Adlington v. State
Florida District Courts of Appeal
Adlington v. State, 599 So. 2d 1047 (1992)
1992 Fla. App. LEXIS 6465; 1992 WL 115790
Hersey, Polen, Stone
Adlington v. State
Opinion of the Court
We affirm the trial court order denying appellant’s motion to correct an illegal sentence. The motion was filed under both rule 3.800(a) and rule 3.850, Florida Rules of Criminal Procedure. However, we note that the motion was not properly filed under rule 3.850, as the oath provided only that the information was true to the best of the affiant’s knowledge. See Scott v. State, 464 So.2d 1171 (Fla. 1985). Therefore, in this appeal we have not considered those issues cognizable under a properly sworn 3.850 motion since the trial court could have denied relief on the improper jurat ground alone.
Reference
- Full Case Name
- Phillip ADLINGTON v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published