NATHANIEL BORDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Nathaniel Borders appeals the trial court’s denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he claimed that the consecutive habitual violent felony offender sentences imposed on him in June of 1989 were unlawful under Hale v. State, 630 So. 2d 521 (Fla.1993). Although we affirm, we do so without prejudice to Mr. Borders being able to raise this sentencing issue in a properly sworn motion under Florida Rule of Criminal Procedure 3.850 in accordance with our recent opinion in Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994).1
Affirmed.
PARKER, A.C.J., and ALTENBERND and LAZZARA, JJ., concur. . Borders acknowledged the contents of his motion and supporting memorandum of law under oath before a notary public. His sworn acknowledgement, however, did not comply with the oath requirements 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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Edwards v. State, 652 So. 2d 852 (Fla. 5th DCA 1995)…e v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the correct remedy to seek relief is a properly filed Rule 3.850 motion. See Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994); Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994); Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994) (question certified). HARRIS, C.J., and GRIFFIN, J., concur. . See Fla.R.Crim.P. 3.800(a).…
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Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994)…93), cert. denied, — U.S. —, 115 S.Ct. 278,130 L.Ed.2d 195 (Fla.1994), is affirmed without prejudice for the defendant to seek relief in a properly filed Rule 3.850 motion. See Calla-way v. State, 642 So. 2d 636 (Fla. 2d DCA 1994); Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994). DAUKSCH, COBB and GOSHORN, JJ., concur.…
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Poole v. State, 659 So. 2d 309 (Fla. 1st DCA 1994)…llant’s claim may, thus, not be advanced pursuant to a Rule 3.800(a) motion. Nowlin v. State, supra. We affirm without prejudice to Mr. Poole’s being able to challenge his sentencing in a properly sworn motion under Rule 3.850. See Borders v. State, 643 So. 2d 110 (Fla. 2nd DCA 1994). MICKLE and LAWRENCE, JJ„ concur. . Our review of the record indicates that Poole was sentenced as an habitual felony offender and not as an habitual violent felony offender. Although the State originally sought to classify Poo…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)
- Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994)
- State v. Shearer, 628 So. 2d 1102 (Fla. 1993)
- Adlington v. State, 599 So. 2d 1047 (Fla. 4th DCA 1992)
- Sturn v. State, 599 So. 2d 1047 (Fla. 2d DCA 1992)