CHARLES ANTHONY CAPO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of the summary denial of his motion to vacate, set aside or correct the judgment of conviction for battery of a law enforcement officer (Fla.R. Crim.P. 3.850). We agree with the trial court’s conclusion that the allegations in the motion were insufficient to entitle appellant to an evidentiary hearing. Appellant’s assertion that he was entitled to relief because of the alleged incompetency of his privately retained counsel is without merit. Such contention does not set forth a ground for post-conviction relief. See Cappetta v. Wainwright, 203 So. 2d 609 (Fla.1967); Harden v. State, 352 So. 2d 576 (Fla. 1st DCA 1977); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976). Similarly, appellant’s contention that the trial judge was biased against him was insufficient to require an evidentiary hearing. See Wilson v. Renfroe, 91 So. 2d 857 (Fla.1956). Accordingly, the order appealed from is AFFIRMED.
SMITH, Acting C. J., ERVIN, J. and MASON, ERNEST E., Associate Judge, concur.
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Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)…Garmise, 382 So. 2d 769, 772 (Fla. 3d DCA 1980); Farmer v. State, 366 So. 2d 1271 (Fla. 4th DCA), cert. denied, 378 So. 2d 344 (Fla.1979); O’Quinn v. State, 364 So. 2d 775 (Fla. 1st DCA 1978), cert. denied, 373 So. 2d 460 (Fla.1979); Capo v. State, 363 So. 2d 410 (Fla. 1st DCA 1978); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Suarez v. State, 338 So. 2d 546 (Fla. 3d DCA 1976); Belsky v. State, 231 So. 2d 256 (Fla. 3d DCA 1970); Brown v. State, 223 So. 2d 337 (Fla. 3d DCA), cert. denied, 229 So. 2d 8…
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State v. Garmise, 382 So. 2d 769 (Fla. 3d DCA 1980)…0. Cappetta v. Wainwright, 203 So. 2d 609 (Fla.1967) citing with approval Everett v. State, 161 So. 2d 714 (Fla. 3d DCA 1964); Farmer v. State, 366 So. 2d 1271 (Fla. 4th DCA 1979); O’Quinn v. State, 364 So. 2d 775 (Fla. 1st DCA 1978); Capo v. State, 363 So. 2d 410 (Fla. 1st DCA 1978); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Suarez v. State, 338 So. 2d 546 (Fla. 3d DCA 1976); Belsky v. State, 231 So. 2d 256 (Fla. 3d DCA 1970); Brown v. State, 223 So. 2d 337 (Fla. 3d DCA 1969); Frizzell v. State, 21…
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Miller v. State, 378 So. 2d 1283 (Fla. 3d DCA 1979)…d 481 (Fla. 3d DCA 1970); Dixon v. State, 252 So. 2d 594 (Fla. 3d DCA 1971); McCrae v. State, 313 So. 2d 429 (Fla. 3d DCA 1975); Robinson v. State, 321 So. 2d 121 (Fla. 3d DCA 1975); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Capo v. State, 363 So. 2d 410 (Fla. 1st DCA 1978); North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cappetta v. Louie L. Wainwright, 203 So. 2d 609 (Fla. 1967)
- F. K. G. Co., Inc. v. Keys Bottled GAS Co., 91 So. 2d 857 (Fla. 1957)
- Wilson v. Renfroe, 91 So. 2d 857 (Fla. 1956)
- Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976)
- Harden v. State, 352 So. 2d 576 (Fla. 1st DCA 1977)
- Brown v. Superior Pontiac-Gmc, Inc., 352 So. 2d 576 (Fla. 2d DCA 1977)