Jones v. State

Full title: HORACE JONES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Sep 25, 1997

699 So. 2d 809 (Fla. Dist. Ct. App. 1997)

Opinion

No. 97-1361

Opinion filed September 25, 1997.

An appeal from the Circuit Court for Escambia County. Judge Joseph Tarbuck.

Appellant, pro se.

Robert Butterworth, Attorney General, Tallahassee for Appellee.

PER CURIAM.

The appellant challenges an order by which his postconviction motion, pursuant to Florida Rule of Criminal Procedure 3.850, was denied. We affirm because appellant's challenge to the sufficiency of evidence used to convict him of a violation of probation is an issue for direct appeal, and therefore not cognizable under 3.850. See Williams v. State, 642 So.2d 67 (Fla. 1st DCA 1994); Montana v. State, 597 So.2d 334 (Fla. 1st DCA 1992).

BARFIELD, C.J., DAVIS and BENTON, JJ., CONCUR.