SIDNEY BEAVER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Heilmann v. State, 310 So. 2d 376 (Fla. 2d DCA 1975)
  …ive after imposition of sentence by the trial court. Hamilton v. State, Fla.App.2d 1975, 306 So. 2d 600; Hollingshead v. State, Fla.App.1st 1974, 292 So. 2d 617; Joins v. State, Fla.App.1st 1974, 287 So. 2d 742; Gallagher v. State, Fla.App.4th 1974, 300 So. 2d 299. A rule 3.850 proceeding, however, is a collateral proceeding, independent of the original prosecution. Courts have long recognized that such collateral remedies are no substitute for a direct appeal. E.g., Brown v. State, Fla.App.1st 1969, 227 So.…
• Collins v. Louie L. Wainwright, 311 So. 2d 787 (Fla. 4th DCA 1975)
  …estigation. Rule 3.710, RCrP, became effective February 1, 1973 (272 So. 2d 65). Appellant suggests that we should apply the rule as it exists at the time of the appeal, citing as analogous authority our decision in Gallagher v. State, Fla.App.1974, 300 So. 2d 299. See also Joins v. State, Fla.App. 1974, 287 So. 2d 742. We accept appellant’s suggestion. Accordingly, while the sentencing procedure adopted by the [*789] trial judge was appropriate at the time, its appropriateness has been changed by a change in…
• Obie Lee Sharp v. State, 303 So. 2d 56 (Fla. 4th DCA 1974)
  …to the trial court with directions that it resentence appellant giving due credit for time served pursuant to the provisions of Section 921.-161(1), F.S. Reversed with directions. CROSS and DOWNEY, JJ., concur. . Gallagher v. State, Fla.App.1974, 300 So. 2d 299; Miller v. State, Fla.App.1974, 297 So. 2d 36; Joins v. State, Fla.App.1974, 287 So. 2d 742.…

Authorities Cited

• Brill v. State, 159 Fla. 682 (Fla. 1947)
• Gonzalez v. State, 159 Fla. 681 (Fla. 1947)