DONALD L. TUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1972-10-06
No. 72-771
268 So. 2d 205 Florida District Court of Appeal, Fourth District (1972) Positive Treatment
Cited by 1 case

Opinion of the Court

Appeal from Court of Record, Broward County; M. Daniel Futch, Jr., Judge.

Appeal dismissed.


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  • Tucker v. State, 286 So. 2d 607 (Fla. 4th DCA 1973)
    …v. Pearce, 395 U. S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656. These self-same matters were raised by this same appellant in a Rule 3.850, 33 F. S.A. petition which was denied in the trial court on July 17, 1972. This denial was appealed to this court in 268 So. 2d 205 and we dismissed same at appellant’s behest on October 6, 1972. Furthermore, it is our view that the point, had it been brought on for consideration, was likely without merit as North Carolina v. Pearce, supra, is not [*608] to be applied retroactiv…

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