Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided February 26, 1990No. 89-2813PublishedCited by 4 opinions

1Opinion of the Court

ERVIN, Judge.

The denial of appellant’s 3.850 motion1 is affirmed. Although appellant styled his motion as one seeking relief under Florida Rule of Criminal Procedure 3.800(a), he is not challenging the legality of the sentences imposed, but rather is contending that the sentences were imposed in violation of the laws of the state. Such an argument is cognizable under Rule 3.850 rather than Rule 3.800(a). However, as appellant’s motion was filed more than two years after January 1, 1987,2 his motion is untimely and therefore denied.

AFFIRMED.

WENTWORTH and BARFIELD, JJ., concur.. See…

2Cases cited1 opinion

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1982

3Cited by4 opinions

  1. Gandy v. StateDistrict Court of Appeal of Florida · 1990
  2. Massey v. StateDistrict Court of Appeal of Florida · 1991
  3. Casimiro v. StateDistrict Court of Appeal of Florida · 1990
  4. Thomas v. StateDistrict Court of Appeal of Florida · 1991

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