Cherry v. State

District Court of Appeal of Florida

Cherry v. State

268 So. 3d 922

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 2019

DocketCase No. 5D18-3779

StatusPublished

This text of 268 So. 3d 922 (Cherry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cherry v. State, 268 So. 3d 922 (Fla. Ct. App. 2019).

Pincite

Opinion

PER CURIAM.

Appellant seeks review of an order dismissing his Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence. Because the trial court correctly determined Appellant's claims are not cognizable under rule 3.800, we affirm. However, our affirmance is without prejudice to Appellant timely filing a properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850, if he can do so in good faith.

AFFIRMED.

COHEN, EISNAUGLE, and SASSO, JJ., concur.

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PER CURIAM.

Appellant seeks review of an order dismissing his Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence. Because the trial court correctly determined Appellant's claims are not cognizable under rule 3.800, we affirm. However, our affirmance is without prejudice to Appellant timely filing a properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850, if he can do so in good faith.

AFFIRMED.

COHEN, EISNAUGLE, and SASSO, JJ., concur.

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Bluebook (online)

268 So. 3d 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cherry-v-state-fladistctapp-2019.