MICHAEL V. SEALY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985)
  …t the time of the offenses. Cf. State v. Matera, 266 So. 2d 661 (Fla.1972) (where matter forming the basis of a motion to vacate known to defendant at time of trial, it will not support a collateral attack on judgment of conviction); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1977) (same). Based on the foregoing analysis, we conclude that Thompson’s fraudulent conduct constituted intrinsic fraud and cannot serve as a basis for holding that the trial court’s finding of not guilty by reason of insanity and th…
• Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980)
  …is defective where the ground alleged was known to the defendant at the time of sentencing and was properly presentable on a direct appeal which defendant did or could have taken. Johnson v. State, 364 So. 2d 118 (Fla. 1st DCA 1978); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1977). If the matter forming the basis of the motion to vacate was known to the defendant at the time of trial, it will not support a collateral attack on the judgment of conviction since such a motion may not be used as a substitute fo…
• Mitchell v. State, 381 So. 2d 760 (Fla. 5th DCA 1980)
  …able as to any matters which could have been raised by direct appeal. Peterson v. State, 237 So. 2d 223 (Fla. 1st DCA 1970); Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975); Falagan v. State, 267 So. 2d 109 (Fla. 2d DCA 1972); Burau v. State, 353 So. 2d 1183 (Fla.3d DCA 1977). The trial court’s failure to receive or consider a pre-sentence investigation report prior to sentencing where such report is required under Rule 3.710 is appealable and constitutes reversible error. Harden v. State, 290 So. 2d 5…