FREDERICK LEPPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1983-05-12
No. AN-259
ERVIN, WENTWORTH and NIMMONS, JJ., concur.
431 So. 2d 295 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s conviction and sentence is affirmed without prejudice to his right to seek relief pursuant to Fla.R.Crim.P. 3.850. See Williams v. State, 350 So. 2d 1140 (Fla. 1st DCA 1977); Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981).

ERVIN, WENTWORTH and NIMMONS, JJ., concur.


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  • Lepper v. State, 451 So. 2d 1020 (Fla. 1st DCA 1984)
    …ing. In appellant’s former appeal from the judgment and sentence, now sought to be vacated, we per curiam affirmed Lepper’s conviction without prejudice to his right to seek relief pursuant to Florida Rule Criminal Procedure 3.850. Lepper v. State, 431 So. 2d 295 (Fla. 1st DCA 1983). Having reviewed the record in the former appeal, which we are permitted to notice judicially, I find that although our opinion gave no reasons for its decision, the judgment and sentence were affirmed because Lepper had entered…
  • Bennie Lee Walker v. State, 442 So. 2d 977 (Fla. 1st DCA 1983)
    …mental error which is governed by Gonzalez. Judge Wentworth who authored Polk recognizes this distinction because she authored the decision in Gilvin v. State, 429 So. 2d 1355 (Fla. 1st DCA 1983), and joined in similar decisions in Lepper v. State, 431 So. 2d 295 (Fla. 1st DCA 1983); and Johnson v. State, 403 So. 2d 1148 (Fla. 1st DCA 1981), all adhering to the Sawyer decision. The Gilvin, Lepper and Rinehart decisions were written after the Polk decision. Nor does Pugh v. State, supra, conflict with this c…

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