WILLIE JAMES JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
The denial of appellant’s 3.850 motion1 is affirmed. Although appellant styled his motion as one seeking relief under Florida Rule of Criminal Procedure 3.800(a), he is not challenging the legality of the sentences imposed, but rather is contending that the sentences were imposed in violation of the laws of the state. Such an argument is cognizable under Rule 3.850 rather than Rule 3.800(a). However, as appellant’s motion was filed more than two years after January 1, 1987,2 his motion is untimely and therefore denied.
AFFIRMED.
WENTWORTH and BARFIELD, JJ., concur. . See Fla.R.Crim.P. 3.850.
. The opinion written on appellant’s direct appeal was filed on February 16, 1982. See Johnson v. State, 409 So. 2d 1158 (Fla. 1st DCA 1982). Under Rule 3.850, a person whose judgment and sentence became final prior to January 1, 1985, had until January 1, 1987, to file a motion in accordance with the rule. Appellant did not file his motion until June 9, 1989.
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Tonnie Lee Martin v. State, 816 So. 2d 187 (Fla. 5th DCA 2002)…efense claims that trial court unduly restricted voir dire inquiry were not preserved for appellate review where defendant affirmatively accepted the jury and did not renew his objection at any time prior to swearing of the jury); Casimiro v. State, 557 So. 2d 223 (Fla. 3d DCA), rev. denied, 567 So. 2d 434 (Fla.1990) (defendant waived all objections concerning jury composition when defendant accepted jury panel); Springer v. State, 513 So. 2d 736 (Fla. 3d DCA 1987) (if defendant objects before trial to possib…
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Gandy v. State, 560 So. 2d 1363 (Fla. 1st DCA 1990)…as amended, are affirmed. Alexander v. State, 404 So. 2d 173 (Fla. 1st DCA 1981). AFFIRMED. NIMMONS, J., and FORD L. THOMPSON, (Ret.), Associate Judge, concur. . For a similar distinction between 3.800(a) and 3.850 motions, see Johnson v. State, 557 So. 2d 223 (Fla. 1st DCA 1990). . Rule 3.850 expressly provides that "[a]ny person whose judgment and sentence became final prior to January 1, 1985, shall have until January 1, 1987, to file a motion[.]” Although appellant’s convictions were rendered in 1979…
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- Johnson v. State, 409 So. 2d 1158 (Fla. 1st DCA 1982)