CHARLES HINES, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant was convicted of rape and sentenced to life imprisonment. An appeal from that judgment was affirmed.1
Thereafter, appellant filed a motion to vacate the judgment and sentence pursuant to CrPR 3.850, 33 F.S.A. The trial judge properly conducted an evidentiary hearing upon the allegations relating to whether perjured testimony occurred at appellant’s trial and whether the prosecution knowingly used that perjured testimony as a means of convicting the appellant. While the testimony on these issues was in conflict, there is more than enough evidence to support the judge’s holding against the appellant.
We have reviewed the other points raised by appellant and conclude that they are without merit. The order denying motion for post-conviction relief is affirmed.
MANN, C. J., and McNULTY and GRIMES, JJ., concur. . Hines v. State, Fla.App.2nd, 1971, 243 So. 2d 434.
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Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)…to address this problem, and we leave its resolution for another day. . Greene v. Massey, 384 So. 2d 24 (Fla.1980). . See, e. g., Wright v. State, 348 So. 2d 26 (Fla. 1st DCA 1977); In re Tierney, 328 So. 2d 40 (Fla. 4th DCA 1976); Kohn v. State, 289 So. 2d 48 (Fla. 3d DCA 1974); Cleveland v. State, 287 So. 2d 347 (Fla. 3d DCA 1973). Other cases have granted new trials “in the interests of justice” without explicitly citing the rule. See, e. g., Dukes v. State, 356 So. 2d 873 (Fla. 4th DCA 1978); Ferber v…
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State v. Jones, 327 So. 2d 18 (Fla. 1976)…er to impose any punishment for a violation of the probation. This Williams deci [*23] sion was followed by the Third District in Reynolds v. State, 293 So. 2d 743 (Fla. App.3d 1974); Bryant v. State, 290 So. 2d 122 (Fla.App.3d 1974); Kohn v. State, 289 So. 2d 48 (Fla.App.3d 1974); Harris v. State, 288 So. 2d 552 (Fla.App.3d 1974); McNeill v. State, 287 So. 2d 745 (Fla.App. 3d 1974); Cleveland v. State, 287 So. 2d 347 (Fla.App.3d 1973); Metchik v. State, 286 So. 2d 269 (Fla.App.3d 1973); Hutchins v. State, 2…
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Lewis v. State, 298 So. 2d 540 (Fla. 4th DCA 1974)…ant.” Id. at 519. and held that the probationary period could only be within the one year sentence. Williams was followed by Bryant v. State, 290 So. 2d 122 (3d D.C.A. Fla.1974); Harris v. State, 288 So. 2d 552 (3d D.C.A. Fla.1974); Kohn v. State, 289 So. 2d 48 (3d D.C.A. Fla.1974); McNeill v. State, 287 So. 2d 745 (3d D.C.A. Fla.1974); Reynolds v. State, 293 So. 2d 743 (3d D.C.A. Fla.1974); Cleveland v. State, 287 So. 2d 347 (3d D.C.A. Fla.1973); Hutchins v. State, 286 So. 2d 244 (3d D.C.A. Fla.1973); Met…
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- Hines v. State, 243 So. 2d 434 (Fla. 2d DCA 1971)