Linton v. State

W. SHARP, Judge.

Linton appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He alleges his trial counsel was ineffective because he failed to advise him that his sentence exceeded the thirty year maximum statutory term for his offense of attempted sexual battery on a person less than 12 years of age, a first degree felony. §§ 794.011(2), 777.04(4)(b) & 775.082(3)(b), Fla. Stat. (1995). Because the motion was not properly signed or verified, we would affirm. See Lambert v. State, 631 So.2d 361 (Fla. 1st DCA 1994).

However, in his motion Linton…