CLINE V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2004 ** CLIFFORD CLINE, ** Appellant, ** vs. CASE NO. 3D04-1066 ** THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 76-9088 Appellee. ** Opinion filed June 16, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Ivan F. Fernandez, Judge. Clifford Cline, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, FLETCHER and RAMIREZ, JJ. PER CURIAM. Clifford correct Cline illegal appeals sentence Procedure 3.800(a). an under order denying Florida Rule his of motion to Criminal The verified. trial court denied the motion because it was not 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 opinion on the merits of the Rule 3.800 motion. Reversed and remanded for further proceedings consistent herewith. 2
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