Swain v. State

MILLS, Judge.

Swain appeals from an order which denied his motion for post-conviction relief sought pursuant to Fla.R.Crim.P. 3.850. We affirm.

Swain was found guilty after a trial by jury of attempted burglary and grand larceny. He was sentenced to five years on the burglary count and three years on the larceny count; the sentences ordered to run consecutively.

In his motion for post-conviction relief, Swain asserts that his sentence for attempted burglary is illegal as it exceeds the maximum authorized by law. This argument was raised in Swain’s direct appeal to this court, Swain v. State, 455…