Legal Opinion

Brant v. State

District Court of Appeal of Florida

Decided June 5, 2002No. 3D02-1289Published

1Per curiam

We affirm the denial of appellant Richard L. Brant’s motion for post-conviction relief as to grounds 4 and 5. Denial of defense motions for acquittal, on the charges of possession with intent to sell and for aggravated assault on law enforcement, are not cognizable under Florida Rule of Criminal Procedure 3.850. See, e.g. Johnson v. State, 649 So.2d 948 (Fla. 3d DCA 1995)(issue which can be brought on direct appeal not cognizable by motion for post conviction relief).

2Cases cited1 opinion

  1. Johnson v. State of FloridaDistrict Court of Appeal of Florida · 1995