Martinez v. State

Full title: Eric C. Martinez, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Sep 11, 2024

No. 1D2024-0451 (Fla. Dist. Ct. App. Sep. 11, 2024)

Opinion

1D2024-0451

09-11-2024

Eric C. Martinez, Appellant, v. State of Florida, Appellee.

Eric C. Martinez, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Gilchrist County. James M. Colaw, Judge.

Eric C. Martinez, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM

A claim alleging the trial court misunderstood its sentencing options is not cognizable under Florida Rule of Criminal Procedure 3.800(a). See Stephens v. State, 823 So.2d 180, 181-82 (Fla. 1st DCA 2002) ("Because this claim could have been raised on direct appeal, and the error does not render the appellant's sentence illegal, it is not cognizable in a postconviction motion under either rule 3.800, or rule 3.850."). We affirm the order below.

ROBERTS, BILBREY, and M.K. THOMAS, JJ., concur.