Johnson v. State

Full title: Gervase JOHNSON, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 26, 2007

971 So. 2d 950 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D07-2832.

December 26, 2007.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge.

Gervase Johnson, in proper person.

Bill McCollum, Attorney General, for appellee.

Before COPE, RAMIREZ, and SALTER, JJ.

PER CURIAM.

This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). "Rule 3.800(a) is an improper vehicle to challenge the validity of a departure sentence." Conception v. State, 944 So.2d 1069, 1071 (Fla. 3d DCA 2006) (citations omitted); Isom v. State, 915 So.2d 183, 184 (Fla. 3d DCA 2005).

Affirmed.