JAMES HUDSON, A/K/A JAMES HOWARD, A/K/A JAMES HUTCHINS, A/K/A JAMES ADAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1979-01-16
Nos. 78-772, 78-897
Before PEARSON, HENDRY and BARKDULL, JJ.
366 So. 2d 824 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, pursuant to Fla.R.App.P. 9.140(g) having taken these appeals from the denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed.


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  • Hayes v. State, 400 So. 2d 519 (Fla. 3d DCA 1981)
    …). A crucial aspect of the testimony challenged herein is that it was not elicited to show defendant’s assertion of his right to remain silent. Kellerman v. State, 353 So. 2d 901 (Fla. 3d DCA 1977) (Nathan, J. specially concurring), aff’d on remand, 366 So. 2d 824 (Fla. 3d DCA 1979). No reversible error is shown. It is undisputed that when defendant was sentenced on January 25, 1980 the trial court did not mention retaining jurisdiction. The court did announce retention of jurisdiction three weeks later. The…

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