BRYAN RICHARD CHERRY
v.
STATE OF FLORIDA
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Claims challenging a sentence are not cognizable under Florida Rule of Criminal Procedure 3.800 when they do not allege an illegal sentence.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800 is not the proper vehicle for claims that do not allege an illegal sentence, though…
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Join FLexlaw to unlock all legal intelligenceBryan Richard Cherry appealed an order dismissing his Rule 3.800 motion to correct an illegal sentence filed in Sumter County Circuit Court.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BRYAN RICHARD CHERRY,
Appellant,
v. Case No. 5D18-3779
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April 18, 2019
3.800 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge.
Bryan Richard Cherry, Bristol, pro se.
No Appearance for Appellee.
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.