
    Ladarius A. LEE, Appellant, v. STATE of Florida, Appellee.
    No. 4D08-3231.
    District Court of Appeal of Florida, Fourth District.
    Feb. 18, 2009.
    Ladarius A. Lee, Milton, pro se.
    No appearance required for appellee.
   PER CURIAM.

Appellant challenges an order denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800. The substance of the motion, which was properly sworn, was a motion for postcon-viction relief pursuant to rule 3.850. We treat appellant’s appeal as one from a motion for postconviction relief under rule 3.850 and affirm, as the record conclusively refutes appellant’s contentions or they are legally insufficient to grant relief.

WARNER, POLEN and HAZOURI, JJ., concur.  