ELIJAH A. BETHUNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
In appellant’s motion for post-conviction relief, he contends that he was improperly convicted of two counts of perjury arising out of one episode of testifying at trial. Even if this could be reached by a motion for post-conviction relief, appellant’s position could not be sustained because he told two “separate and distinct lies” and the “proof of each falsehood required the establishment of different facts.” United States v. Nixon, 634 F. 2d 306, 313 (5th Cir.1981). See also Gebhard v. United States, 422 F. 2d 281 (9th Cir. 1970); Commonwealth v. Gurney, 13 Mass.App.Ct. 391, 433 N.E. 2d 471 (1982).
Affirmed.
GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
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Mays v. State, 519 So. 2d 618 (Fla. 1988)…alternative. We do not agree and quash this portion of the district court’s decision. The question of Jenkins’ applicability to section 27.3455 costs has been raised before, but has not been previously addressed by this Court. See Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986) (question certified but not brought to this Court for review). Several district courts have applied the rationale of Jenkins to section 27.3445 costs. E.g. Gaskin v. State, 513 So. 2d 1087 (Fla. 1st DCA 1987); Canale v. State, 50…
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Shipley v. State, 528 So. 2d 902 (Fla. 1988)…here are distinctions between these two sections and section 27.3455, these differences are insufficient to permit this Court to ignore the due process procedural safeguards that have been required in connection with costs statutes. Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986). See Mays v. State, 519 So. 2d 618 (Fla.1988) (due process concerns “do not disappear because an indigent defendant may be assessed costs defined by time and toil instead of dollars”). We therefore hold that prior notice and a he…
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- Gebhard v. United States, 422 F.2d 281 (9th Cir. 1970)
- United States v. Nixon, 634 F.2d 306 (5th Cir. 1981)