Demetrius v. State
District Court of Appeal of Florida
1Per 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.
2Cases cited2 opinions
- Smith v. StateDistrict Court of Appeal of Florida · 2003
- Greenwood v. StateDistrict Court of Appeal of Florida · 2001