Legal Opinion

Cline v. State

District Court of Appeal of Florida

Decided June 16, 2004No. 3D04-1066Published

1Per 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…

2Cases cited3 opinions

  1. Judge v. StateDistrict Court of Appeal of Florida · 1992
  2. Raley v. StateDistrict Court of Appeal of Florida · 1996
  3. Braun v. StateDistrict Court of Appeal of Florida · 2001

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