Adlington v. State, 599 So. 2d 1047

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.

Case Details

Case Name: Adlington v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 3, 1992

Citations: 599 So. 2d 1047; 1992 Fla. App. LEXIS 6465; 1992 WL 115790; No. 92-0861

Docket Number: No. 92-0861

Court Abbreviation: Fla. Dist. Ct. App.