CARL CAREY ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1970-12-15
No. 70-585
Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ-
242 So. 2d 191 Florida District Court of Appeal, Third District (1970) Positive Treatment
Cited by 6 cases
Topics
Due Process Of Law Due Process

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was found guilty of robbery after a trial before the court without jury. At the trial he was represented by privately employed counsel. The judgment was appealed and affirmed by this court. Roberts v. State, Fla.App.1969, 226 So.2d 7. A petition for certiorari was filed in the Supreme Court of Florida and denied. Thereafter appellant filed, pursuant to Rule 1.850 CrPR, 33 F.S.A., a petition to vacate the judgment and sentence. The petition was denied by the trial court after a full evidentiary hearing. This appeal is from that order.

The point presented on appeal is all encompassing :

“The court erred in failing to grant the appellant’s motion to vacate based on *192each of the points of law presented which showed violations of the appellant’s rights to due process of law under the Federal and Florida State Constitutions.”

Faced with so broad an attack, we have examined the record in the light of the contentions made before the trial court and find that the contentions made upon the motion have already been passed upon by this court on the first appeal. The order appealed is therefore affirmed. Roberts v. State, Fla.App. 1969, 226 So.2d 7.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jenkins v. State, 267 So. 2d 886 (Fla. 2d DCA 1972)
    …he judgment and sentence was properly denied when the matters raised were or could have been raised on direct appeal, Culberson v. State, Fla.App.1969, 224 So. 2d 363; Peterson v. State, Fla. App.1970, 237 So. 2d 223; Roberts v. State, Fla.App.1970, 242 So. 2d 191. Jenkins next contended in his motion to vacate that breaking and entering with intent to commit a misdemeanor is a misdemeanor and not a felony, and therefore he was illegally convicted of a felony. He relied upon Brown v. State, Fla.App. 1970,232…
  • Falagan v. State, 267 So. 2d 109 (Fla. 2d DCA 1972)
    …oceeding because it is a matter which was or could have been raised on direct appeal, after being first duly presented to the trial Court and obtaining ruling thereon. Culberson v. State, Fla.App.1969, 224 So. 2d 363; Roberts v. State, Fla.App.1970, 242 So. 2d 191; Peterson v. State, Fla.App.1970, 237 So. 2d 223. The order appealed denying the motion to vacate the judgment and sentence is therefore— Affirmed. LILES and MANN, JJ., concur.…
  • Earton David Jones v. Louie L. Wainwright, 252 So. 2d 570 (Fla. 1971)
    …hose issues already considered and determined by another appellate court. Tafero v. State, 242 So. 2d 470 (3d DCA Fla.1971); Carter v. State, 242 So. 2d 737 (1st DCA Fla.1970); Hollingshead v. Wainwright, 194 So. 2d 577 (Fla.1967); Roberts v. State, 242 So. 2d 191 (3d DCA Fla.1970). As between the state and this defendant, those issues already disposed of are res judicata in a collateral proceeding such as habeas corpus or under Criminal Procedure Rule 1.850, 33 F.S.A. Neither is there a basis here for confli…

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