David Brasher v. State

District Court of Appeal of Florida

David Brasher v. State

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 2015

Docket4D14-3031 and 4D14-4137

StatusPublished

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Bluebook

David Brasher v. State, (Fla. Ct. App. 2015).

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Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DAVID BRASHER, Appellant,

v.

STATE OF FLORIDA, Appellee.

Nos. 4D14-3031 and 4D14-4137

[March 18, 2015]

Consolidated appeal of orders denying rule 3.800 and 3.850 motions from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Matthew I. Destry, Judge; L.T. Case No. 12-15569CF10A.

David Brasher, Fort Lauderdale, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed without prejudice to appellant filing a sworn and legally sufficient motion under Florida Rule of Criminal Procedure 3.801. See Mathis v. State, 139 So. 3d 988 (Fla. 4th DCA 2014); Casteel v. State, 141 So. 3d 624 (Fla. 4th DCA 2014). Thereafter, appellant can revisit the legality of his sentence. See, e.g., McLeod v. State, 58 So. 3d 931 (Fla. 5th DCA 2011); Lawson v. State, 46 So. 3d 1189, 1190 (Fla. 2d DCA 2010).

WARNER, TAYLOR and MAY, JJ, concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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