JAMES TERRY RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a motion for post-conviction relief cannot be used to raise issues that were or could have been raised in a prior direct appeal.
Appellant was convicted of murder and possession of a firearm. His initial appeal challenging his sentence was affirmed. He then filed a motion for po…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Direct Appeal cases and more on FLexlaw
MILLS, Judge.
James Terry Richardson was convicted and sentenced to life imprisonment for the second degree murder of his girlfriend and to 15 years imprisonment for possession of a firearm by a convicted felon. Appellant’s sentence was challenged on direct appeal and was affirmed without opinion by this court in Richardson v. State, 464 So. 2d 558 (Fla. 1st DCA 1985). Richardson then filed a motion for post-judgment relief pursuant to Rule 3.850, Fla.R.Crim.P., which was denied. He now appeals that ruling. We affirm.
Richardson’s initial appeal sought to challenge the trial judge’s departure from the recommended guideline sentence. Among other things, he alleged that the trial judge improperly considered the appellant’s prior convictions as reason for departure. After a thorough review of that case, this court upheld that sentence.
Appellant now comes to us seeking to have his sentence vacated pursuant to an appeal from a motion for post-judgment relief. However, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987)…. Under Florida law, a sentence is not subject to attack under Florida Rule of Criminal Procedure 3.800 or 3.850 if the issue could have been raised on a direct appeal. See Efraimson v. State, 493 So. 2d 79 (Fla. 4th DCA 1986); Richardson v. State, 491 So. 2d 1242 (Fla. 1st DCA), dismissed, 500 So. 2d 545 (Fla.1986); Chippas v. State, 482 So. 2d 528 (Fla. 5th DCA 1986); Adams v. State, 462 So. 2d 884 (Fla. 2d DCA 1985). Exceptions to this rule are provided by Florida Rule of Criminal Procedure 3.800(a), as re…
-
Rogers v. State, 510 So. 2d 1230 (Fla. 1st DCA 1987)…ollateral attack and set out a prima facie case for relief. The others could have been raised on direct appeal and are, therefore, precluded from consideration in a 3.850 motion. Mikenas v. State, 460 So. 2d 359, 361 (Fla.1984); Richardson v. State, 491 So. 2d 1242, 1243 (Fla. 1st DCA 1986). The trial court’s order denying the motion states that after a review of the motion, the state’s response thereto, appellant’s rebuttal to the state’s response, and the official court file, the court found the motion insuf…
-
Efraimson v. State, 493 So. 2d 79 (Fla. 4th DCA 1986)…A May 21, 1986), but because we believe appellant, who appealed his conviction and sentence but was unsuccessful, had no right to subsequently challenge alleged sentencing errors that could and should have been raised on appeal. Richardson v. State, 491 So. 2d 1242 (Fla. 1st DCA 1986). DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.…
Authorities Cited
- McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)
- Jones v. State, 446 So. 2d 1059 (Fla. 1984)
- Vernell Hamilton v. State, 449 So. 2d 395 (Fla. 1st DCA 1984)
- Dussich v. Dussich, 449 So. 2d 395 (Fla. 4th DCA 1984)