LARRY BERNARD LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY BERNARD LEWIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
428 So. 2d 733
Florida District Court of Appeal, First District (1983)
Negative Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM.
The portions of the record attached by the trial court conclusively refute appellant’s allegations in his 3.850 motion for post-conviction relief that his plea was involuntary and his counsel ineffective. The order denying relief is AFFIRMED, without prejudice, however, to appellant’s right to contest use of a pre-sentence investigation report that he alleges his counsel did not show him. Lewis raised this issue by a proposed amendment to his motion, but the record before us contains no ruling on this question.
ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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THE Florida BAR v. Lipman, 497 So. 2d 1165 (Fla. 1986)…ears in prison. In October 1981, following his felony conviction, Lipman was suspended from the practice of law in Florida. Then in March 1983, the First District Court of Appeal reversed the conviction and remanded for a new trial. Lipman v. State, 428 So. 2d 733 (Fla. 1st DCA 1983). In November 1983, Lip-man pled nolo contendere to reduced charges of conspiracy to make instruments for forging bills, a first-degree misdemean- or, for which he was sentenced to six months in the Escambia County jail. In Decem…
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Jones v. State, 780 So. 2d 218 (Fla. 2d DCA 2001)…endant’s, and the appellate court determines that the missing portions of transcript are necessary for a complete review of the issues raised on appeal, the appellate court has no alternative hut to remand the case for a new trial. Lipman v. State, 428 So. 2d 733, 737 (Fla. 1st DCA 1983) (citing Delap v. State, 350 So. 2d 462, 463 (Fla.1977)). See also McKenzie v. State, 754 So. 2d 851 (Fla. 2d DCA 2000) (remanding for new trial based on inadequate transcript). The State argues that no issue has been raised…1 / 2
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Bayshore v. State, 437 So. 2d 198 (Fla. 3d DCA 1983)…raised on appeal, the key question is “whether or not [we] can see from the record that the conduct of the prosecuting attorney did not prejudice the accused, and unless this conclusion be reached, the judgment should be reversed.” Lipman v. State, 428 So. 2d 733, 736 (Fla. 1st DCA 1983), quoting Coleman v. State, 420 So. 2d 354, 356 (Fla. 5th DCA 1982). Because the whole issue of alibi was raised by [*200] the state, we find that the prosecutor’s comments may have led the jury to believe that appellant had…
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