CARLOS W. ALDAY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Howard v. State, 462 So. 2d 31 (Fla. 1st DCA 1984)
  …al witnesses for trial. With regard to all but the latter ground, we agree with the trial court that they could have been raised on direct appeal and so may not properly be raised in a subsequent motion for postconviction relief. See Alday v. State, 431 So. 2d 714 (Fla. 1st DCA 1983). However, the trial court was incorrect in holding that the allegation of ineffective assistance of counsel was inappropriately raised in this 3.850 motion. In fact, inadequacy of counsel cannot be raised for the first time on d…
• Irby v. State, 454 So. 2d 757 (Fla. 1st DCA 1984)
  …raised by Irby, with the exception of the final ground, either were or could have been raised during the direct appeal of his conviction. This defect has been found sufficient to support the summary denial of a Rule 3.850 motion. See Alday v. State, 431 So. 2d 714 (Fla. 1st DCA 1983). The motion is also deficient in that it does not set forth sufficient facts to support the claim for relief but, rather, only conclusions of law. The assertion of conclusions of law without specific allegations of fact in supp…
• Maddox v. State, 461 So. 2d 176 (Fla. 1st DCA 1984)
  …Maddox’s direct appeal of his conviction, affirmed without opinion in Maddox v. State, 418 So. 2d 1284 (Fla. 1st DCA 1982). They cannot properly be raised in a motion for postconviction relief, and summary denial is appropriate. See Alday v. State, 431 So. 2d 714 (Fla. 1st DCA 1983). The trial judge did not abuse his discretion in imposing four consecutive three-year mandatory minimum sentences, pursuant to Section 775.087(2), Florida Statutes (1983). Vann v. State, 366 So. 2d 1241 (Fla. 3d DCA 1979), estab…