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Bryan Richard CHERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District2019-04-18No. Case No. 5D18-3779
268 So. 3d 922

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Opinion

majority opinion

PER CURIAM.

Appellant seeks review of an order dismissing his Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence. Because the trial court correctly determined Appellants claims are not cognizable under rule 3.800, we affirm. However, our affirmance is without prejudice to Appellant timely filing a properly sworn motion pursuant to Florida Rule of Criminal Procedure 3.850, if he can do so in good faith. AFFIRMED.

COHEN, EISNAUGLE, and SASSO, JJ., concur.