Wright v. State

Appellant challenges the denial of his motion to correct an illegal sentence, attacking the evidentiary basis of the reasons the trial court gave for an upward departure. We affirm. Challenges to the validity of the factors the trial court used to depart upward in sentencing, if preserved, can be raised in direct appeal from sentencing, but they are not claims of illegal sentence cognizable in a rule 3.800 or rule 3.850 motion. See Austin v. State, 874 So.2d 47, 48 (Fla. 4th DCA 2004) (rule 3.800 motion); Pula v. State, 652 So.2d 981, 982 (Fla. 5th DCA 1995) (rule 3.850 motion). Here,…