NELSON EDDIE MCGRIFF, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the allegations in the motion for post-conviction relief did not constitute legal grounds for a new trial or release.
Defendant sought relief from a robbery conviction pursuant to Rule 3.850, CrPR. The trial court denied the motion, finding the allegations insufficien…
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This is an appeal from an order entered by the Criminal Court of Record for Dade County, Florida, denying defendant’s motion for relief from his conviction of robbery, pursuant to Rule 3.8S0, CrPR, 33 F.S.A., formerly Rule 1.850. The court in its order held that the allegations of the motion for relief did not constitute legal grounds for granting a new trial or release of the defendant.
Related requests for post-conviction relief sought by the appellant are: McGriff v. State, Fla.App.1971, 248 So.2d 563 and McGriff v. Wainwright, 431 F.2d 897 (5th Cir. 1970).
We have carefully reviewed the record and briefs of counsel and have concluded that the court properly denied the defendant the relief sought. It appears that the matters raised in the motion, if proved, would not constitute legal grounds for collateral attack of the judgment and sentence. The matters complained of could or should have been raised on direct appeal. Peterson v. State, Fla.App.1970, 237 So.2d 223.
For the reasons stated the order appealed is affirmed.
Affirmed.
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McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)…o. 2d 1323 (Fla. 5th DCA 1980); Tyner v. State, 363 So. 2d 1165 (Fla. 1st DCA 1978); Koedatich v. State, 287 So. 2d 738 (Fla. 3d DCA 1974); Yanks v. State, 273 So. 2d 401 (Fla. 3d DCA 1973), cert. denied, 277 So. 2d 288 (Fla.1973); McGriff v. State, 259 So. 2d 508 (Fla. 3d DCA 1972), cert. denied, 263 So. 2d 829 (Fla.1972); Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964). Therefore, a Rule 3.850 motion based upon grounds which either were or could have been raised as issues on appeal may be summarily denie…
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Demps v. State, 696 So. 2d 1296 (Fla. 3d DCA 1997)…risoner in the custody of a state other than Florida is also ‘in custody1 within the meaning of Rule 1.850, Cr.P.R.” Rule 1.850 is the predecessor to current rule 3.850. See Grayson v. Wainwright, 330 So. 2d 461, 462-63 (Fla.1976); McGriff v. State, 259 So. 2d 508 (Fla. 3d DCA 1972). In Reynolds the supreme court disapproved this court’s opinion in Hill v. State, 184 So. 2d 457 (Fla. 3d DCA 1966), which held that the language of the rule did not allow a prisoner in New Jersey to file a postconviction motion r…
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Hardrick v. State, 293 So. 2d 135 (Fla. 2d DCA 1974)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Peterson v. State, 237 So. 2d 223 (Fla. 1st DCA 1970)
- McGRIFF v. Louie L. Wainwright, 431 F.2d 897 (5th Cir. 1970)
- Wilkinson v. Chance Pontiac-Olds, Inc., 248 So. 2d 563 (Fla. 4th DCA 1971)