FREDDIE SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FREDDIE SIMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
364 So. 2d 869
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant has failed to demonstrate that the trial court abused his discretion in revoking appellant’s probation. The order of revocation of probation is accordingly affirmed. However, the provision in appellant’s sentence that he be confined “at hard labor” is not authorized by law, is surplus-age and as such is hereby stricken. Massey v. State, 351 So. 2d 376 (Fla. 1st DCA 1977). As amended, the sentence is affirmed.
BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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R.C. Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987)…o allow appellant to withdraw his plea. State v. Adams, 342 So. 2d 818 (Fla.1977); cf Wood v. State, 357 So. 2d 1060 (Fla. 1st DCA 1978). Finally, trial counsel’s failure to appeal is not an issue properly raised by a 3.850 motion. Simmons v. State, 364 So. 2d 869 (Fla. 1st DCA 1978). The remainder of the motion, other than ground seven, is legally insufficient insofar as it raises issues which could or should have been raised on appeal or are totally unrelated to appellant’s judgment and sentence, fails to s…
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Davidson v. State, 468 So. 2d 263 (Fla. 2d DCA 1985)…sentencing. See Forbert. See also Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). Defendant’s final allegation was that he was denied the right to appeal. Denial of the right to appeal cannot be raised by a rule 3.850 motion. Simmons v. State, 364 So. 2d 869 (Fla. 1st DCA 1978). In any event, defendant only alleged that he desired to appeal from the sentence, and the sentencing error complained of (under Villery, which was decided some years after defendant’s sentencing) is to be corrected as explained…
Authorities Cited
- Massey v. State, 351 So. 2d 376 (Fla. 1st DCA 1977)