MICHAEL FRANCIS SAVINO, APPELLANT,
v.
STATE OF FLORIDA, PLAINTIFF
Explore caselaw by topic → Browse Plenary Appeal cases and more on FLexlaw
PER CURIAM.
We previously dismissed this appeal from an order denying post conviction relief because it appeared the Notice of Appeal was untimely filed. On motion for reconsideration appellant has demonstrated that his Notice of Appeal was actually timely filed with the clerk of the lower court. Accordingly, we grant the motion for reconsideration and vacate the order of dismissal entered April 2, 1981.
We now consider appellant’s motion for post conviction relief and the trial court’s order denying same, together with appellant’s various motions filed in this court. It is clear that appellant is not entitled to post conviction relief because the question now presented was also presented to the trial court prior to a plenary appeal which appellant perfected in Cases # 78-1502 and # 78-1504. The question presented here was not raised in those appeals, but should have been. Adams v. State, 380 So. 2d 423 (Fla.1980); Mitchell v. State, 381 So. 2d 760 (Fla. 5th DCA 1980).
The order appealed from is affirmed.
DOWNEY, MOORE and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Douglas v. Louie L. Wainwright, 714 F.2d 1532 (11th Cir. 1983)…o. 2d 1127 (Fla. 1981); Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980); Johnson v. State, 390 So. 2d 1234 (Fla.App.1980). See also Alvord v. State, 396 So. 2d 184, 191 (Fla.1981); Pittman v. State, 401 So. 2d 934 (Fla.App.1981); Savino v. State, 397 So. 2d 1236 (Fla.App. 1981); Roth v. State, 385 So. 2d 114 (Fla. App.1980). This court in Ford v. Strickland, 696 F. 2d 804 at 815-816 (11th Cir. 1983), held that, given this interpretation of Rule 3.850, petitioner was precluded from challenging admission of a…
Authorities Cited
- Adams v. State, 380 So. 2d 423 (Fla. 1980)
- Mitchell v. State, 381 So. 2d 760 (Fla. 5th DCA 1980)