VERNELL HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VERNELL HAMILTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
449 So. 2d 395
Florida District Court of Appeal, First District (1984)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This Court has previously affirmed appellant’s conviction of burglary of a dwelling and fifteen year sentence. Hamilton v. State, 434 So. 2d 891 (Fla. 1st DCA 1983). His motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, improperly raised two issues that the trial court correctly denied as they should have been raised on direct appeal and may not now be considered. Christopher v. State, 416 So. 2d 450 (Fla.1982).
AFFIRMED.
ERVIN, C.J., and THOMPSON and WIG-GINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richardson v. State, 491 So. 2d 1242 (Fla. 1st DCA 1986)…r, a post-conviction relief motion cannot be utilized for a second appeal to consider issues that were either raised in the initial appeal or which could have been raised in that appeal. Jones v. State, 446 So. 2d 1059 (Fla.1984); Hamilton v. State, 449 So. 2d 395 (Fla. 1st DCA 1984). Such a motion may be summarily denied. McCrae v. State, 437 So. 2d 1388 (Fla.1983). Accordingly, the order of the trial court denying Richardson’s motion for post-judgment relief is affirmed. WIGGINTON and NIMMONS, JJ., concur…
Authorities Cited
- Christopher v. State, 416 So. 2d 450 (Fla. 1982)