RONALD J. STRAIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that issues previously decided or that could have been raised on direct appeal are not cognizable in a rule 3.850 proceeding.
Ronald Straight appealed the denial of his motion to vacate judgment and sentence filed under Florida Rule of Criminal Procedure 3.850. His prior conv…
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BOYD, Chief Justice.
Ronald Straight appeals the denial of his motion to vacate judgment and sentence filed under Florida Rule of Criminal Procedure 3.850.
Appellant’s conviction of first-degree murder and sentence of death were affirmed on appeal. Straight v. State, 397 So. 2d 903 (Fla.), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). Subsequently, appellant sought collateral relief by rule 3.850 motion and petition for habeas corpus. This Court affirmed the denial of the 3.850 motion and denied the habeas corpus petition. Straight v. Wainwright, 422 So. 2d 827 (Fla.1982).
The present appeal presents issues that are not cognizable in this proceeding. Because a rule 3.850 proceeding may not be used to provide a second appeal or to provide an alternative to the ordinary appeal of right, matters that could have been remedied by objection at trial and argument on appeal may not be considered by means of a rule 3.850 motion. Moreover, issues that have been resolved in a previous collateral proceeding are barred from consideration in a successive collateral proceeding. All of appellant’s present arguments fall in one or the other of the foregoing two categories. Therefore they may not be considered now.
The order denying the rule 3.850 motion is affirmed. The motion for a stay of execution is denied and the application for stay pending petition for writ of certiorari is denied.
It is so ordered.
overton, McDonald, ehrlich, SHAW and BARKETT, JJ., concur.
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Citator
Cited By (13 total)
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State v. Bolender, 503 So. 2d 1247 (Fla. 1987)…MCDONALD, C.J., and ADKINS, OVERTON, EHRLICH and SHAW, JJ., concur. BARKETT, J., concurs in result only. . The trial court found this claim to have no merit. . A rule 3.850 proceeding may not be used to provide a second appeal. Straight v. State, 488 So. 2d 530 (Fla.1986). On appeal we found the trial court’s imposition of the death penalty to have been proper. 422 So. 2d at 837-38.…
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Bundy v. State, 538 So. 2d 445 (Fla. 1989)…nce of a prior violent felony, had been reversed. Here, the validity of Bundy’s Utah conviction of aggravated kidnapping, which was also considered as a basis for the finding of a prior violent felony, has not been challenged. See Straight v. State, 488 So. 2d 530 (Fla.1986). Moreover, there were two other valid aggravating circumstances which were unaffected by the Chi Omega convictions and a complete absence of mitigating circumstances. Finally, it must be remembered that his Chi Omega convictions have been…
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Emory W. McGOWAN v. State, 586 So. 2d 1311 (Fla. 5th DCA 1991)…, 565 So. 2d 1293, 1295 (Fla.1990), the supreme court stated that “issues that should have been raised on appeal (had they been preserved where necessary)” are procedurally barred from being raised in a Rule 3.850 motion. See also Straight v. State, 488 So. 2d 530 (Fla.1986) (“... matters that could have been remedied by objection at trial and argument on appeal may not be considered by means of a rule 3.850 motion.”); Groover v. State, 489 So. 2d 15 (Fla.1986) (prosecutorial statements which were not objecte…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Straight v. State, 397 So. 2d 903 (Fla. 1981)
- Tucker v. Zant, 454 U.S. 1022 (U.S. 1981)
- Straight v. Louie L. Wainwright, 422 So. 2d 827 (Fla. 1982)