MICHAEL SWAIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-02-16
No. 82-177
Before HUBBART, C. J., and HENDRY and FERGUSON, JJ.
409 So. 2d 1176 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner Michael Swain, pursuant to Fla.R.App.P. 9.140(g) having taken this appeal from the summary 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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    …affirmed. Swain v. Wainwright, 648 F. 2d 1352 (5th Cir.1981). On October 25, 1981, the defendant filed a second motion for postconviction relief which was denied on December 1, 1981, and affirmed by this court on February 16, 1982. Swain v. State, 409 So. 2d 1176 (Fla. 3d DCA 1982). In resentencing the defendant, on March 30, 1982, the trial court vacated the judgment and sentence in Count IV, but the sentences in the remaining five counts remained unchanged. On November 13, 1986, the defendant filed anoth…
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