5D07-306 Walter Staten v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-306

Case Date: 09/10/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

WALTER STATEN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 14, 2007. 3.850 Appeal from the Circuit Court for Volusia County, Julianne Piggotte, Judge. Walter Staten, Raiford, pro se. Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-306

PER CURIAM. Walter Staten appeals an order of the trial court dismissing his motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court dismissed the motion after concluding, as argued by the State, that the motion had to be filed under Florida Rule of Criminal Procedure 3.850, and if treated as a rule 3.850 motion, it was legally insufficient because it did not contain an oath.

After reviewing the record, it appears to us that the trial court was correct in concluding that Mr. Staten's motion does not meet the requirements of 3.800(a). Accordingly, the appealed order is affirmed. AFFIRMED.

PALMER, C.J., GRIFFIN and ORFINGER, JJ., concur.

2

Download 5D07-306 Walter Staten v. State.pdf