JOSEPH LEE EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant's motion for post-conviction relief was facially insufficient and correctly denied.
The defendant was convicted of first-degree murder and had his direct appeal affirmed. His prior motion for post-conviction relief was denied for proc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion For Postconviction Relief cases and more on FLexlaw
COBB, Judge.
Evans was convicted of first degree murder. On direct appeal, he contested the sufficiency of the evidence. This court affirmed. Evans v. State, 382 So. 2d 908 (Fla. 5th DCA 1980).
Evans then came before this court on appeal of the denial of a motion for post-conviction relief. Since his motion did not procedurally comply with the provisions of Florida Rule of Criminal Procedure 3.850, this court affirmed without prejudice to the defendant to raise the same issues in a proper motion. Evans v. State, 388 So. 2d 1366 (Fla. 5th DCA 1980).
Evans is now before this court on appeal of the denial of his subsequent motion for post-conviction relief allowed for by our prior decision. The issues raised by Evans are either ones that should have been raised in his direct appeal or bare allegations without sufficient factual basis. Since the motion was facially insufficient, the trial court was correct in denying it. See Rice v. State, No. 80-776 (Fla. 5th DCA Dec. 17, 1980) [1980 FLW 51].
AFFIRMED.
DAUKSCH, C. J., and COWART, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Irby v. State, 454 So. 2d 757 (Fla. 1st DCA 1984)…for relief under Rule 3.850. See McElroy v. State, 436 So. 2d 417, 418 (Fla. 1st DCA 1983); Moore v. State, 453 So. 2d 148 (Fla. 1st DCA 1984) (opinion filed July 13, 1984). These defects render the motion facially insufficient, see Evans v. State, 393 So. 2d 80, 81 (Fla. 5th DCA 1981).' The proper method by which to raise allegations of ineffective assistance of counsel is by petition for writ of habeas corpus directed to the appellate court which considered the appeal, see Knight v. State, 394 So. 2d 99…
Authorities Cited
- Evans v. State, 388 So. 2d 1366 (Fla. 5th DCA 1980)