Florida District Courts of Appeal, 2004

Demetrius v. State

Demetrius v. State
Florida District Courts of Appeal · Decided January 21, 2004 · Hazouri, Klein, Warner
864 So. 2d 1208; 2004 Fla. App. LEXIS 433; 2004 WL 86297 (Southern Reporter, Second Series)

Demetrius v. State

Opinion of the Court

PER CURIAM.

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 coer-civeness 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.

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