CHERRY v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Bryan Richard CHERRY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3779

Decided: April 18, 2019

Bryan Richard Cherry, Bristol, pro se. No Appearance for Appellee.

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.

PER CURIAM.

COHEN, EISNAUGLE, and SASSO, JJ., concur.

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