TEDDY WARREN KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TEDDY WARREN KELLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
419 So. 2d 1161
Florida District Court of Appeal, First District (1982)
Opinion of the Court
MILLS, Judge.
Kelly appeals the denial of his motion for post-conviction relief. We affirm.
The commission of the intended felony is not a lesser included offense of burglary. Estevez v. State, 313 So. 2d 692 (Fla.1975).
State v. Sarmiento, 397 So. 2d 643 (Fla.1981), and Hoberman v. State, 400 So. 2d 758 (Fla.1981), issues are not retroactively available in 3.850 proceedings. Williams v. State, 406 So. 2d 1246 (Fla. 1st DCA 1981), review pending.
The evidence produced below does not reveal that discovery violations, if any, prejudiced Kelly.
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Sarmiento, 397 So. 2d 643 (Fla. 1981)
- Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)
- Hoberman v. State, 400 So. 2d 758 (Fla. 1981)
- Williams v. State, 406 So. 2d 1246 (Fla. 1st DCA 1981)