CHARLES BLAKELY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES BLAKELY, APPELLANT,
STATE OF FLORIDA, APPELLEE
362 So. 2d 147
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This is an appeal from the denial of appellant’s motion to vacate, set aside, or correct a sentence pursuant to Florida Rule of Criminal Procedure 3.850 on the basis that the motion was not in compliance with the rule. Pursuant to Swain v. State, 355 So. 2d 865 (Fla. 1st D.C.A. 1978), the denial of the motion was, in essence, a refusal to entertain the motion and we treat it as such.
We, therefore, affirm without prejudice to appellant’s right to file a proper motion and obtain a ruling on the merits.
AFFIRMED.
SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)…n, 284 So. 2d 198 (Fla.1973); Lockhart v. State, 384 So. 2d 289 (Fla. 4th DCA 1980); Black v. State, 383 So. 2d 295 (Fla. 1st DCA 1980); Damas v. State, 363 So. 2d 568 (Fla. [*5] 3d DCA 1978), cert. denied, 372 So. 2d 471 (Fla.1979); Pitts v. State, 362 So. 2d 147 (Fla. 3d DCA 1978), cert. denied, 368 So. 2d 1372 (Fla.1979); Miller v. State, 360 So. 2d 46 (Fla. 2d DCA 1978); State v. Latimore, 284 So. 2d 423 (Fla. 3d DCA 1973), cert. denied, 291 So. 2d 7 (Fla.1974); State v. Gillespie,4 227 So. 2d 550 (Fla. 2…
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Johnson v. State, 427 So. 2d 1029 (Fla. 1st DCA 1983)…e did submit the problem to the trial judge and the trial judge determined that Officer Dorsey’s report was “merely investigatory.” Appellant has failed to demonstrate that the trial court abused its discretion in this determination. Pitts v. State, 362 So. 2d 147 (Fla. 3rd DCA 1978). Although appellant firmly insists that the information contained in Officer Dorsey’s report is “material,” no facts are supplied which substantiate this claim of materiality. Compare Antone v. State, 355 So. 2d 777 (Fla.1978).…
Authorities Cited
- Swain v. State, 355 So. 2d 865 (Fla. 1st DCA 1978)