BILLY JOE WEDENFELLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*194] PER CURIAM.
Appellant appeals the denial of his motion to vacate pursuant to Fla.R.Crim.P. 3.850, urging that the evidence presented at trial was insufficient to establish the offense of breaking and entering a building with the intent to commit grand larceny, contrary to Section 810.02, Florida Statutes (1973).
Appellant was provided a direct appeal to this Court. Wedenfeller v. State, 323 So. 2d 717 (Fla. 1st DCA 1975). Since the present matter could have been raised on direct appeal, this issue is not properly raised in a, motion to vacate the judgment and sentence. Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977).
The order appealed is AFFIRMED.
McCORD, C. J., and BOYER and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fair v. State, 403 So. 2d 1114 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. Foster v. State, 400 So. 2d 1 (Fla. 1981); Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980); Harvey v. State, 383 So. 2d 770 (Fla. 3d DCA 1980); Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978).…
-
Genter v. State, 377 So. 2d 834 (Fla. 3d DCA 1979)…that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed. See: Neal v. State, 349 So. 2d 844 (Fla. 2d DCA 1977); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978); Pitts v. Turner, 362 So. 2d 134 (Fla. 4th DCA 1978); Edwards v. State, 364 So. 2d 119 (Fla. 1st DCA 1978); Epps v. State, 365 So. 2d 179 (Fla. 1st DCA 1978); Rule 3.850 R.Cr.P.…
-
Messier v. State, 442 So. 2d 331 (Fla. 4th DCA 1983)…PER CURIAM. Affirmed. See Wessling v. Bennett, 410 F. 2d 205 (8th Cir.1969); Thomas v. State, 421 So. 2d 160 (Fla.1982); Scott v. State, 423 So. 2d 978 (Fla. 1st DCA 1982); and Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978). ANSTEAD, C.J., and LETTS and WALDEN, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ussery v. State, 350 So. 2d 839 (Fla. 1st DCA 1977)
- Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975)
- Seaworth Shire, Inc. v. Milan O. Novotny, 323 So. 2d 717 (Fla. 4th DCA 1975)
- Alan v. Venzer, 323 So. 2d 717 (Fla. 3d DCA 1975)