GLESTON N. EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2010-05-19
No. 4D09-3309
WARNER, TAYLOR and MAY, JJ., concur.
35 So. 3d 121 Florida District Court of Appeal, Fourth District (2010) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals the denial of his Rule 3.800(a) motion, challenging the sufficiency of the evidence presented at trial. We affirm. A Rule 3.800(a) motion cannot be used to challenge the conviction. See Prince v. State, 903 So.2d 1068 (Fla. 2d DCA 2005).

Affirmed.

WARNER, TAYLOR and MAY, JJ., concur.


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  • Gurth v. State, 50 So. 3d 785 (Fla. 4th DCA 2010)
    …IAM. Appellant challenges the sufficiency of the factual basis used to support her plea in this appeal of the denial of her Rule 3.800(a) motion. “A rule 3.800(a) motion cannot be used to challenge the factual basis for a plea.” Marshall v. State, 35 So. 3d 121 (Fla. 4th DCA 2010) (citing Sanchez v. State, 979 So. 2d 1004 (Fla. 3d DCA 2008)). Appellant’s challenge was to her conviction, not to her sentence, and was not cognizable in a rule 3.800(a) motion. See Cook v. State, 885 So. 2d 911 (Fla. 5th DCA 20…
  • Kevis McCRAY v. State, 49 So. 3d 320 (Fla. 4th DCA 2010)
    …PER CURIAM. Affirmed. See Edwards v. State, 35 So. 3d 121 (Fla. 4th DCA 2010). WARNER, POLEN and FARMER, JJ., concur.…
  • Atticus E. Jones v. State, 78 So. 3d 675 (Fla. 4th DCA 2012)
    …es appeals the summary denial of his Rule 3.800(a) motion, which challenged the sufficiency of the evidence to support his conviction. Rule 3.800(a) cannot be used to challenge the conviction or the sufficiency of the evidence. See Edwards v. State, 35 So. 3d 121 (Fla. 4th DCA 2010); Childers v. State, 782 So. 2d 946 (Fla. 4th DCA 2001); Marshall v. State, 35 So. 3d 121 (Fla. 4th DCA 2010). Affirmed. WARNER, POLEN and TAYLOR, JJ., concur.…
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