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Brantley v. State

District Court of Appeal of Florida, Third District
May 12, 1997
708 So. 2d 598 (Fla. Dist. Ct. App. 1997)

Opinion

No. 97-858.

April 16, 1997. Rehearing Granted May 12, 1997.

An Appeal under Fla.R.App.P. 9.140 (i) from the Circuit Court for Dade County; Stanley M. Goldstein, Judge.

Cary Brantley, in pro. per.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.


Because the asserted errors in the appellant's guidelines scoresheet and sentence are not readily ascertainable from the face of the record and are therefore not cognizable in this Rule 3.800 (a) proceeding, State v. Montague, 682 So.2d 1085 (Fla. 1996); McCalister v. State, 682 So.2d 556 (Fla. 1996), approving McCalister v. State, 664 So.2d 1149 (Fla. 3d DCA 1995); State v. Callaway, 658 So.2d 983 (Fla. 1995); Holland v. State, 672 So.2d 566 (Fla. 5th DCA 1996), review denied, 678 So.2d 338 (Fla. 1996), the order below denying relief is

Any motion asserted under Rule 3.850 is barred as untimely.

Affirmed.


Summaries of

Brantley v. State

District Court of Appeal of Florida, Third District
May 12, 1997
708 So. 2d 598 (Fla. Dist. Ct. App. 1997)
Case details for

Brantley v. State

Case Details

Full title:Cary BRANTLEY, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 12, 1997

Citations

708 So. 2d 598 (Fla. Dist. Ct. App. 1997)