LAWRENCE BAILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAWRENCE BAILEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
504 So. 2d 429
Florida District Court of Appeal, Second District (1987)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Bailey appeals to us from a summary denial of his motion for post-conviction relief filed below pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the action of the trial court. This court has held that alleged guidelines departure errors must be raised by appeal and cannot be considered on a motion for post-conviction relief. Lowe v. State, 501 So. 2d 712, (Fla. 2d DCA 1987); Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986); Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984). The third district, however, has recently ruled otherwise. Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986).
Affirmed.
SCHEB, A.C.J., RYDER, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moses v. State, 538 So. 2d 473 (Fla. 5th DCA 1989)…d the trial court’s reasons for departure. The court denied her motion and she appealed. Because this court affirmed appellant’s sentence on direct appeal, she may not collaterally attack the trial court’s reasons for departure. See Bailey v. State, 504 So. 2d 429 (Fla. 2d DCA 1987); Lowe v. State, 501 So. 2d 712 (Fla. 2d DCA 1987); Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986); Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984). But see Early v. State, 516 So. 2d 24 (Fla. 3d DCA 1987); Watkins v. State, 498…
Authorities Cited
- Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986)
- Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984)
- Marianela Caceres v. Milton, 498 So. 2d 576 (Fla. 3d DCA 1986)
- Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986)
- Lowe v. State, 501 So. 2d 712 (Fla. 2d DCA 1987)