TONY GIAMO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of post-conviction relief where defendant convicted of bribery as principal, not aider and abettor, and claimed entitlement to discharge based on acquittal of alleged principal.
A defendant convicted of bribery as a principal actor, not as an aider and abettor, is not entitled to post-conviction relief under Rule 3.850 based on the acquittal of an alleged principal.
[1] A claim that a defendant was convicted as an aider and abettor when the principal was acquitted is not a proper subject of a Rule 3.850 post-conviction motion.
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Join FLexlaw to unlock all legal intelligenceTony Giamo was convicted of bribery and sentenced to state prison; his conviction was upheld on direct appeal. He filed a Rule 3.850 motion claiming h…
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These appeals brought by Tony Giamo are consolidated for all appellate purposes. The appeals are from orders of the trial court denying defendant’s motion for post-judgment relief made pursuant to Rule 3.-850, CrPR, 33 F.S.A. The second order of the trial court, which was issued during the time that jurisdiction was relinquished by this court to the trial court, sets forth the basis of the trial court’s ruling.
Appellant was found guilty of bribery and sentenced to the state prison. The judgment and sentence were upheld upon appeal. See Giamo v. State, Fla.App.1971, 245 So.2d 116, cert. denied, Fla.1971, 251 So.2d 878. Appellant’s petition pursuant to Rule 3.850, CrPR, attempted to raise a claim that since he was convicted as an aider and abettor, and his principal had been found not guilty, he was therefore entitled to discharge. See Ex parte Bowen, 25 Fla. 214, 6 So. 65 (1889). After examining the briefs and hearing oral argument, we affirm the orders entered upon two grounds. First, the matters alleged are not properly the subject of a motion pursuant to Rule 3.850, CrPR. See Ramos v. State, Fla.App.1971, 249 So.2d 728. Second, the record conclusively refutes appellant’s contention that he was convicted as an aider and abettor.
Affirmed.
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Citator
Cited By
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Giamo v. State, 281 So. 2d 212 (Fla. 1973)…Certiorari denied. 275 So. 2d 606. CARLTON, C. J., and ROBERTS, ERVIN, BOYD and McCAIN, JJ., concur.…
Authorities Cited
- Ex-parte Mack Bowen, 25 Fla. 214 (Fla. 1889)
- Ramos v. State, 249 So. 2d 728 (Fla. 2d DCA 1971)
- Marone v. State, 245 So. 2d 116 (Fla. 3d DCA 1971)
- Giamo v. State, 245 So. 2d 116 (Fla. 3d DCA 1971)
- Giamo v. State, 251 So. 2d 878 (Fla. 1971)
- C. R. Bard, Inc. v. Mason, 251 So. 2d 878 (Fla. 1971)