BOBBY R. LYONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOANOS, Judge.
In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant challenged the voluntariness of his guilty plea, the prosecution’s failure to disclose favorable evidence and the presence of a juror during plea bargaining. The motion was properly denied as it consisted of conclusory allegations lacking adequate statements of factual support.
In addition, appellant has previously filed a 3.850 motion stating the same grounds for similar relief. Lyons v. State, No. GG-354 (Fla. 1st DCA 1977), voluntarily dismissed December 23, 1977. This prior dismissal precludes further review. Fla.R.Crim.P. 3.850.
SHAW and WIGGINTON, JJ., concur.
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Colin H. Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988)…in nature and lack adequate statements of factual support 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, w…
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Dorbad v. State, 12 So. 3d 255 (Fla. 1st DCA 2009)…ine R. Co. v. Shouse, 83 Fla. 156, 91 So. 90 (1922); N. Broward Hosp. Dist. v. Johnson By and Through Johnson, 538 So. 2d 871 (Fla. 4th DCA 1988); Young v. Pyle, 145 So. 2d 503, 504 (Fla. 1st DCA 1962). Illustrative of this point, in Holt v. State, 422 So. 2d 1018, 1019 (Fla. 1st DCA 1982), this court considered whether a trial court erred in permitting an “expert witness to respond to a hypothetical question which assumed facts which were not yet in evidence” and upheld the admission of the testimony stating…
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Puig v. State, 475 So. 2d 967 (Fla. 3d DCA 1985)…sidered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. See Wright v. State, 447 So. 2d 961 (Fla. 1st DCA 1984); Lyons v. State, 422 So. 2d 1018 (Fla. 1st DCA 1982); State v. Russo, 415 So. 2d 108 (Fla. 3d DCA 1982). Affirmed.…
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