Brant v. State

Full title: RICHARD L. BRANT, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 5, 2002

817 So. 2d 1039 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D02-1289.

June 5, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Daryl E. Trawick, Judge.

Richard L. Brant, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, LEVY, and RAMIREZ, JJ.

PER CURIAM.

We affirm the denial of appellant Richard L. Brant's motion for post-conviction relief as to grounds 4 and 5. Denial of defense motions for acquittal, on the charges of possession with intent to sell and for aggravated assault on law enforcement, are not cognizable under Florida Rule of Criminal Procedure 3.850. See, e.g. Johnson v. State, 649 So.2d 948 (Fla. 3d DCA 1995) (issue which can be brought on direct appeal not cognizable by motion for post conviction relief).