PHILLIP ADLINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PHILLIP ADLINGTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
599 So. 2d 1047
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court order denying appellant’s motion to correct an illegal sentence. The motion was filed under both rule 3.800(a) and rule 3.850, Florida Rules of Criminal Procedure. However, we note that the motion was not properly filed under rule 3.850, as the oath provided only that the information was true to the best of the affiant’s knowledge. See Scott v. State, 464 So. 2d 1171 (Fla.1985). Therefore, in this appeal we have not considered those issues cognizable under a properly sworn 3.850 motion since the trial court could have denied relief on the improper jurat ground alone.
HERSEY, STONE and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994)…nts of Florida Rule of Criminal Procedure 3.987. See State v. Shearer, 628 So. 2d 1102 (Fla.1993); Scott v. State, 464 So. 2d 1171 (Fla.1985). Thus, because of this deficiency, we decline to treat his motion under rule 3.850. See Adlington v. State, 599 So. 2d 1047 (Fla. 4th DCA 1992).…
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Toler v. State, 818 So. 2d 639 (Fla. 1st DCA 2002)…f Criminal Procedure 3.850 without prejudice to refile a motion which conforms with the rule is affirmed. See Pavey v. State, 720 So. 2d 563, 563 (Fla. 2d DCA 1998); Groves v. State, 668 So. 2d 1089, 1089 (Fla. 1st DCA 1996); and Adlington v. State, 599 So. 2d 1047, 1047 (Fla. 4th DCA 1992). BARFIELD, MINER and POLSTON, JJ., concur.…
Authorities Cited
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)