Davis v. State

The Defendant appeals an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He raises two issues on appeal: (1) a challenge to the sufficiency of the evidence, and (2) a procedural error that occurred during resen-tencing.

We affirm the denial of the challenge to the sufficiency of the evidence without further comment. This could have been raised on direct appeal and, therefore, is not appropriate in a Rule 3.850 motion. See, e.g., Childers v. State, 782 So.2d 946, 947 (Fla. 4th DCA 2001).

As to the second issue, the State properly concedes error. By his Rule…