WILLIE CLIFFORD PITTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant seeks review of the order denying his Motion to Vacate Judgment and Sentence filed pursuant to Fla.R.Crim.P. 3.850. We find no error and therefore affirm.
The appellant was convicted of robbery and sentenced to forty (40) years imprisonment on December 3, 1969. The appellant has previously taken a full appeal from this judgment and sentence. Pitts v. State, 244 So. 2d 515 (Fla. 1st DCA 1970). The issue raised in the appellant’s Motion to Vacate was previously raised and considered on direct appeal. Therefore, such issue may not be considered as grounds for post-conviction relief. Gore v. State, 260 So. 2d 218 (Fla. 1st DCA 1972). The order appealed from is AFFIRMED.
McCORD, C. J., and BOYER and MELVIN, JJ., concur.
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Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)…tate, 452 So. 2d 537 (Fla.1984); Foster v. State, 400 So. 2d 1 (Fla.1981); Duhart v. State, 369 So. 2d 639 (Fla. 3d DCA 1979); Johnson v. State, 364 So. 2d 118 (Fla. 1st DCA 1978); Tyner v. State, 363 So. 2d 1165 (Fla. 1st DCA 1978); Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1978); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964). . See Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984). . See, e.g…
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Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978)…pellant’s present contentions. Appellant’s claim of relief based upon sufficiency of the evidence is without merit. This matter was raised on his previous appeal and thus does not set forth a proper ground for post-conviction relief. Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978). The allegations concerning jury instructions attempt to raise matters which properly should have been raised on direct appeal. Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977). Further, the lack of objection to certain jury i…
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Norris Epps v. State, 365 So. 2d 179 (Fla. 1st DCA 1978)…direct appeal, Epps v. State, 354 So. 2d 441 (Fla. 1st DCA 1978). The assignments of error reflect that this matter was raised as error therein. Accordingly, this matter does not set forth a proper ground for post-conviction relief. Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978). The trial court correctly denied Epps’ motion without an evidentiary hearing. BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gore v. State, 260 So. 2d 218 (Fla. 1st DCA 1972)
- Pitts v. State, 244 So. 2d 515 (Fla. 1st DCA 1970)
- Brooks v. Lanty W. McCUTCHEON, 244 So. 2d 515 (Fla. 1st DCA 1970)