ERNEST BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant, pro se, appeals from an order of the trial court denying his motion to vacate his judgment and sentence pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant’s motion is defective on its face as it does not specify whether defendant had filed any previous post-eon-viction motions, and if so, how many. Neither did it state whether an appeal was taken.
Accordingly, the lower court’s order is affirmed. However, such affirmance is without prejudice to appellant to refile in compliance with Rule 3.850(b) and (c), Florida Rules of Criminal Procedure. Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979); Saxon v. State, 384 So. 2d 35 (Fla. 5th DCA 1980).
McCORD, BOOTH and SHAW, JJ., concur.
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Torrence v. State, 440 So. 2d 392 (Fla. 5th DCA 1983)…aggravated assault correctly required proof of use of the firearm, and that Tor-rence was not in any way embarrassed or prejudiced in his defense as defense counsel repeatedly questioned witnesses regarding the use of the firearm. See Blow v. State, 386 So. 2d 872 (Fla. 1st DCA 1980). Therefore, we conclude that the omission of the term “used” in the context of this case was not fundamental error and affirm. AFFIRMED. ORFINGER, C.J., and DAUKSCH, COBB and FRANK D. UPCHURCH, Jr., concur. SHARP and COWART,…
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Courson v. State, 414 So. 2d 207 (Fla. 3d DCA 1982)…972). It follows, of course, that since no specific objection was made, no grounds were stated. Accordingly, since the trial court was not presented with an opportunity to rule, the defendant cannot be heard to complain on appeal. See Blow v. State, 386 So. 2d 872 (Fla. 1st DCA 1980) (defendant’s duty to object and state grounds requires that defendant, if claim is that lesser offense is not Category Four crime, so inform trial court); Wilson v. State, supra. Lastly, Courson insists that his conviction for a…
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Jones v. State, 492 So. 2d 1124 (Fla. 3d DCA 1986)…r which he was never charged. See Ray v. State, 403 So. 2d 956, 959-61 (Fla.1981); Brown v. State, supra, at 383; Penny v. State, 140 Fla. 155, 162, 191 So. 190, 193 (1939); Courson v. State, 414 So. 2d 207, 209-10 (Fla. 3d DCA 1982); Blow v. State, 386 So. 2d 872, 874 (Fla. 1st DCA 1980), pet. for review denied, 392 So. 2d 1372 (Fla.1981). I cannot agree to such an unjustified result as it has no support whatever under the established law of Florida. Ill For the above-stated reasons, I concur in the court’…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Catlett v. State, 367 So. 2d 735 (Fla. 4th DCA 1979)
- LEE v. State, 384 So. 2d 35 (Fla. 5th DCA 1980)
- Saxon v. State, 384 So. 2d 35 (Fla. 5th DCA 1980)