5D01-3269 Bryant v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D01-3269.op

Case Date: 11/26/2001

Plaintiff: 5D01-3269 Bryant

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001 WILLIAM KENNETH BRYANT a/k/a WILLIAM K. HOUSTON, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed November 30, 2001 3.800 Appeal from the Circuit Court for Orange County, Anthony Johnson, Judge. William Kenneth Bryant, Chipley, pro se. No Appearance for Appellee. GRIFFIN, J. 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. CASE NO. 5D01-3269

PETERSON and PLEUS, JJ., concur.

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