JOHN D. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-06-16
No. ZZ-323
SHAW, WENTWORTH and THOMPSON, JJ., concur.
399 So. 2d 533 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Thomas appeals an order denying his motion for post-conviction relief entered without evidentiary hearing. The trial court properly denied Thomas’ motion since the grounds raised therein either were or should have been raised on direct appeal. Thomas v. State, 223 So. 2d 318 (Fla.1969); Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978); Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978).

AFFIRMED.

SHAW, WENTWORTH and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Futch v. State, 420 So. 2d 905 (Fla. 3d DCA 1982)
    …PER CURIAM. This is an appeal from a summary denial of a motion claiming ineffective assistance of appellate counsel in connection with the affirmance of the prisoner’s judgment and sentence. Futch v. State, 399 So. 2d 533 (Fla.3d DCA 1981). A claim of ineffective assistance of appellate counsel is properly raised by habe-as corpus before the appellate court which affirmed the judgment of conviction. Knight v. State, 394 So. 2d 997, 999 (Fla.1981). Consequently, the…
  • Roberts v. State, 402 So. 2d 1343 (Fla. 1st DCA 1981)
    …ucted on these issues or without attaching any relevant portion of the record which would support its conclusions. We affirm the trial court as to the first two grounds as those issues should have been raised on direct appeal. See Thomas v. State, 399 So. 2d 533 (Fla. 1st DCA 1981). The third ground concerning the appellant’s denial of effective assistance of counsel could not be raised on direct appeal. See State v. Barber, 301 So. 2d 7 (Fla.1974). This allegation, pertaining primarily to the conduct of…
  • Futch v. Dugger, 874 F.2d 1483 (11th Cir. 1989)
    …while engaged in a criminal offense. Peti [*1485] tioner was sentenced to life imprisonment on the murder charge and to a concurrent five-year term on the weapons charge. Petitioner has unsuccessfully filed his direct state appeal, Futch v. State, 399 So. 2d 533 (Fla.Dist.Ct.App.1981); a motion for post-conviction relief under Fla.R.Crim.P. 3.850, Futch v. State, 420 So. 2d 905 (Fla.Dist.Ct.App.1982); two other motions in state court for post-conviction relief, Futch v. State, 429 So. 2d 13 (Fla.Dist.Ct.App…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw