ALFREDO ECHEVARRIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-07-22
No. 3D08-1413
Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.
15 So. 3d 812 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Knight v. State, 919 So.2d 628, 632 (Fla. 3d DCA 2006) (“A trial court’s determination that a peremptory strike is genuine, rather than pretextual, ‘will be affirmed on appeal unless clearly erroneous.’ ” (quoting Melbourne v. State, 679 So.2d 759, 764-65 (Fla.1996))).

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    …DCA 1999)). Rule 3.800(a) “is not a vehicle designed to re-examine whether the procedure employed to impose the punishment comported with statutory law and due process.” Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991); see also Jerry v. State, 15 So. 3d 812, 813 (Fla. 4th DCA 2009). The motion was not under oath, and the claim of trial court error would be procedurally barred from being raised in a rule 3.850 motion. See Fla. R.Crim. P. 3.850(c) (“This rule does not authorize relief based on grounds th…

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