Stoutamire v. State, 97-1075

• Decision Date: 20 May 1998
• Docket Number: No. 97-1075,97-1075
• Court: Florida District Court of Appeals
• Parties: 23 Fla. L. Weekly D1281 John W. STOUTAMIRE, Appellant, v. STATE of Florida, Appellee.

Page 744

710 So.2d 744

23 Fla. L. Weekly D1281

John W. STOUTAMIRE, Appellant, v. STATE of Florida, Appellee.

No. 97-1075.

District Court of Appeal of Florida,

First District.

May 20, 1998.

An appeal from the Circuit Court for Columbia County; Thomas J. Kennon, Jr., Judge.

Appellant, Pro Se.

Robert A. Butterworth, Attorney General and Trisha Meggs, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The trial court correctly denied appellant's 3.800(a) motion because it did not allege an illegal sentence. Appellant's motion would have been timely filed under rule 3.850, Florida Rules of Criminal Procedure, and might have been considered as such by the trial court had the notary's certificate reflected that he took an oath that substantially complied with Florida Rules of Criminal Procedure 3.987, see Zipperer v. Singletary, 693 So.2d 122 (Fla. 1st DCA 1997); Hall v. State, 643 So.2d 635 (Fla. 1st DCA 1994) (on rehearing). Since it does not substantially comply, we must affirm; however, our affirmance is without prejudice to file a properly sworn rule 3.850 motion before the time expires to do so.

AFFIRMED.

JOANOS and WOLF, JJ., and SMITH, LARRY G., Senior Judge, concur.