FREDERICK BRANNON DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1975-01-15
No. 74-1049
McNULTY, C. J., SCHEB, TT., concur. and GRIMES and
306 So. 2d 166 Florida District Court of Appeal, Second District (1975)


Opinion of the Court
PER CURIAM.

PER CURIAM.

There were two substantive points raised in appellant’s motion to vacate under Rule 3.850, CrPR. The one which related to the execution of the search warrant was foreclosed in appellant’s direct appeal. Davis v. State, Fla.App.2d, 1973, 283 So. 2d 162.

In his second point, appellant asserted the existence of recent circumstances allegedly showing that some of the facts set forth in the affidavit for the search warrant were untrue. Assuming, without deciding, that this would be a proper basis upon which to file a motion to vacate, appellant’s allegations fell short of demonstrat ing the falsity of any material facts in the affidavit.

This court has dispensed with the requested oral argument pursuant to Rule 3.-10(e), FAR. Affirmed.

McNULTY, C. J., SCHEB, TT., concur. and GRIMES and


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