DANNY L. OSBORN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANNY L. OSBORN, APPELLANT,
STATE OF FLORIDA, APPELLEE
459 So. 2d 470
Florida District Court of Appeal, First District (1984)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm. With respect to the appellant’s claims of ineffective assistance of counsel, we decline to consider the same in the instant appeal, the appellant not having heretofore raised by appropriate motion such matters in the lower court, and the facts giving rise to such claims not being apparent on the face of the record.
Affirmed.
JOANOS, WIGGINTON and NIMMONS, JJ., concur.
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Holt v. State, 472 So. 2d 551 (Fla. 1st DCA 1985)…judgment of acquittal; and III. Whether the trial court erred in sentencing under the guidelines and in departing therefrom. We find no error under Points I and II, and affirm. Specifically, as to Point I, we affirm on the basis of Height v. State, 459 So. 2d 470 (Fla. 1st DCA 1984). However, we do find error under Point III, and therefore vacate the sentence and remand for resentencing. We initially disagree with appellant’s position that the trial court improperly applied section 775.084, the habitual fel…
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King v. State, 468 So. 2d 510 (Fla. 1st DCA 1985)…ition has been rejected. State v. Miller, 437 So. 2d 734 (Fla. 1st DCA 1983). He next contends that his placement in administrative confinement constituted an “arrest.” This court has consistently refused to adopt this argument. See Height v. State, 459 So. 2d 470 (Fla. 1st DCA 1984). Therefore, because King was brought to trial within 180 days of his formal arrest on 20 October 1983, there has been no violation of the speedy trial rule. We also find that none of King’s United States constitutional rights ha…
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Young v. State, 459 So. 2d 1185 (Fla. 1st DCA 1984)…PER CURIAM. AFFIRMED. Height v. State, 459 So. 2d 470 (Fla. 1st DCA 1984); Powers v. State, 422 So. 2d 981 (Fla. 1st DCA 1982); Lynn v. State, 436 So. 2d 416 (Fla. 1st DCA 1983). JOANOS, WIGGINTON and BAR-FIELD, JJ., concur.…