Florida District Courts of Appeal, 2019

Cherry v. State

Cherry v. State
Florida District Courts of Appeal · Decided April 18, 2019
268 So. 3d 922 (Southern Reporter, Third Series)

Cherry v. State

Opinion of the Court

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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