CECIL BRANHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1997-09-25
No. 97-1519
MINER, ALLEN and PADOVANO, JJ., concur.
699 So. 2d 809 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges an order by which his motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), was denied. We affirm because appellant did not raise a claim cognizable under 3.800(a). King v. State, 681 So. 2d 1136 (Fla.1996); Davis v. State, 661 So. 2d 1193 (Fla.1995); State v. Callaway, 658 So. 2d 983 (Fla.1995); Baldwin v. State, 679 So. 2d 1193 (Fla. 1st DCA 1996).

MINER, ALLEN and PADOVANO, JJ., concur.


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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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