Florida District Courts of Appeal, 2002

Brant v. State

Brant v. State
Florida District Courts of Appeal · Decided June 5, 2002 · Jorgenson, Levy, Ramirez
817 So. 2d 1039; 2002 Fla. App. LEXIS 7713; 2002 WL 1174247 (Southern Reporter, Second Series)

Brant v. State

Opinion of the Court

PER CURIAM.

We affirm the denial of appellant Richard L. Brant’s motion for post-conviction relief as to grounds 4 and 5. Denial of defense motions for acquittal, on the charges of possession with intent to sell and for aggravated assault on law enforcement, are not cognizable under Florida Rule of Criminal Procedure 3.850. See, e.g. Johnson v. State, 649 So.2d 948 (Fla. 3d DCA 1995)(issue which can be brought on direct appeal not cognizable by motion for post conviction relief).

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