SAMUEL DOUGLAS PITTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL DOUGLAS PITTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
421 So. 2d 791
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
JOANOS, Judge.
In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant sought to challenge the effectiveness of assistance of counsel and the extent of the inquiry into his sanity. The motion was properly denied summarily as to these issues, because it consisted of mere concluso-ry allegations lacking adequate statements of factual support.
The issue of improper prosecutorial comment, also stated in mere conclusory terms, could have been raised on direct appeal and will not be reviewed in this collateral proceeding. See Adams v. State, 380 So. 2d 423 (Fla.1980).
AFFIRMED.
SHAW and WIGGINTON, JJ., concur.
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Easton v. State, 472 So. 2d 1369 (Fla. 3d DCA 1985)…before us that one may be on probation when he is released before his specified prison sentence has run. Second, the order would improperly negate (a) the exclusive authority of the Department of Corrections to allot gain time, see Prince v. State, 421 So. 2d 791 (Fla. 1st DCA 1982); (b) the very purpose of permitting gain time as a “reward” for good behavior, see section 944.275, Florida Statutes (1983); and (c) the specific statutory provision that, when the Department releases a prisoner on account of ear…
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Colin H. Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988)…pport or, in the alternative, fall within the category of trial tactics and strategy. To the extent that the trial court’s order addresses these alleged errors, it is affirmed. See Lyons v. State, 422 So. 2d 1018 (Fla. 1st DCA 1982); Pitts v. State, 421 So. 2d 791 (Fla. 1st DCA 1982); Armstrong v. State, 429 So. 2d 287 (Fla.1983); and Gulley v. State, 436 So. 2d 1042 (Fla. 1st DCA 1983). Notwithstanding our affirmance as to certain of the matters raised, we find that appellant’s motion contains other allega…
Authorities Cited
- Adams v. State, 380 So. 2d 423 (Fla. 1980)