¶1We 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).
817 So. 2d 1039
Brant v. State
District Court of Appeal of Florida
Decided June 5, 2002
District Court of Appeal of Florida · decided 2002-06-05
Cited by 1 later decisions — most recently February 2006
1 state decisions
Relies on 649 So. 2d 948 - Johnson v. State of Florida
Good law ✅— No negative treatment on recordhow we know
Decided 2002-06-05
View the full empirical analysis of this case →