Florida District Courts of Appeal, 2004

Cline v. State

Cline v. State
Florida District Courts of Appeal · Decided June 16, 2004 · Cope, Fletcher, Ramirez
875 So. 2d 764; 2004 Fla. App. LEXIS 8373; 2004 WL 1354364 (Southern Reporter, Second Series)

Cline v. State

Opinion of the Court

PER CURIAM.

Clifford Cline appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a).

The trial court denied the motion because it was not verified. There is, however, no requirement for verification for a Rule 3.800 motion. See Fla. R.Crim. P. 3.800(a); Raley v. State, 675 So.2d 170, 172 (Fla. 5th DCA 1996); Judge v. State, 596 So.2d 73, 76-77 (Fla. 2d DCA 1991) (en banc); see also Braun v. State, 789 So.2d 1250, 1251 n. 1 (Fla. 4th DCA 2001).

Accordingly we reverse the order and remand for further consideration by the trial court. We express no opinion on the merits of the Rule 3.800 motion.

*765Reversed and remanded for further proceedings consistent herewith.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.