NELSON KOWALCZYK, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 1982-07-20
No. 82-1219
Before HUBBART, C. J., and DANIEL S. PEARSON and FERGUSON, JJ.
416 So. 2d 1228 Florida District Court of Appeal, Third District (1982) Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, 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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  • McGEE v. State, 435 So. 2d 854 (Fla. 1st DCA 1983)
    …Parker v. State, 408 So. 2d at 1038. We are of the view that our decision is not at variance with Fouts v. State, Parker v. State, or Hall v. State, supra. Further, we see no need for further consideration of alleged conflict with Dupree v. State, 416 So. 2d 1228 (Fla. 1st DCA 1982), which we specifically discussed in our original opinion. Much of the discussion of the Dupree case and other matters in the motion is simply reargument. We adhere to our original decision and opinion, as above amplified, and af…
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  • Sanchez v. State, 89 So. 3d 912 (Fla. 2d DCA 2012)
    …police had lawful custody of the escapee. The prior statute also did not contain the “or is entitled to” lawful custody wording. We recognize that an officer serving an arrest warrant is “entitled to” lawful custody of the arrestee. Dupree v. State, 416 So. 2d 1228, 1230 (Fla. 1st DCA 1982). To prove the “knowing” element of the crime, the State had to demonstrate both that Sanchez knew the police were attempting to serve an arrest warrant and that he knew Garcia was attempting an escape. Cf. King, 28 So. at…

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