HORACE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HORACE JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
699 So. 2d 809
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant challenges an order by which his postconviction motion, pursuant to Florida Rule of Criminal Procedure 3.850, was denied. We affirm because appellant’s challenge to the sufficiency of evidence used to convict him of a violation of probation is an issue for direct appeal, and therefore not cognizable under 3.850. See Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994); Montana v. State, 597 So. 2d 334 (Fla. 1st DCA 1992).
BARFIELD, C.J., and DAVIS and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sterling Childers v. State, 782 So. 2d 946 (Fla. 4th DCA 2001)…te, 761 So. 2d 1055, 1067 (Fla.2000); Vazquez v. State, 653 So. 2d 486 (Fla. 5th DCA 1995). Appellant’s challenge to the sufficiency of the evidence was an issue for direct appeal, and therefore not cognizable under rule 3.850. See Jones v. State, 699 So. 2d 809 (Fla. 1st DCA 1997); Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994). The law is clear that where an issue could have been raised on direct appeal, it is not a proper subject for a rule 3.850 motion. See Koon v. Dugger, 619 So. 2d 246, 247 (Fla…
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Hefner v. Sec'y, Dep't of Corr. (M.D. Fla. 2019)
Authorities Cited
- Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994)
- Montana v. State, 597 So. 2d 334 (Fla. 1st DCA 1992)