Bryant v. State, 5D01-3269.
| Decision Date | 30 November 2001 |
| Docket Number | No. 5D01-3269.,5D01-3269. |
| Citation | 800 So.2d 692 |
| Parties | William Kenneth BRYANT a/k/a William K. Houston, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William Kenneth Bryant, Chipley, pro se.
No Appearance for Appellee.
William Bryant filed a motion under Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence. The defendant attacks his 1989 conviction for escape, asserting that he was not under state confinement when the escape occurred. The trial court denied the motion. We affirm.
The defendant does not have a claim of an illegal sentence but is, in fact, attacking the underlying conviction, which he calls an "erroneous charge." This issue could or should have been raised on direct appeal or in a Rule 3.850 motion. It is not cognizable in a Rule 3.800(a) motion.
AFFIRMED.
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...may be raised on direct appeal or in a Rule 3.850 motion; it is not cognizable by way of Rule 3.800.") (citing Bryant v. State, 800 So.2d 692 (Fla. 5th DCA 2001), review denied, 819 So.2d 133 In Nicholson, this court properly observed that section 775.21(5) provides that "[a]n offender who ......
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Gibbs v. State, Case No. 2D04-46 (Fla. App. 2nd Dist. 4/23/2004), Case No. 2D04-46.
...DCA 2000); Mearns v. State, 779 So. 2d 282 (Fla. 2d DCA 1998); Thomas v. State, 828 So. 2d 1045 (Fla. 4th DCA 2002); Bryant v. State, 800 So. 2d 692 (Fla. 5th DCA 2001). SALCINES, STRINGER, and SILBERMAN, JJ., NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED ...
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Smith v. State
...merit, cannot be determined on the face of the judgment. Thus, Rule 3.800(a) does not provide an appropriate remedy. Bryant v. State, 800 So.2d 692 (Fla. 5th DCA 2001),rev. denied, 819 So.2d 133 (Fla.2002) (claim that conviction for escape was improper because defendant was not under state ......
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Forestner v. State, Case No. 2D03-4272 (Fla. App. 2nd Dist. 4/2/2004), Case No. 2D03-4272.
...DCA 2002); Patterson v. State, 796 So. 2d 572 (Fla. 2d DCA 2001); Plowman v. State, 586 So. 2d 454 (Fla. 2d DCA 1991); Bryant v. State, 800 So. 2d 692 (Fla. 5th DCA 2001). COVINGTON, KELLY, and VILLANTI, JJ., NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. ...