BRADFORD TYNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRADFORD TYNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
363 So. 2d 1165
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appeal from a denial of a motion to vacate a judgment and sentence, pursuant to Rule 3.850, Fla.R.Crim.P. Appellant contends that a substitute judge sentenced him without becoming familiar with the case and that, therefore, the sentence is invalid.
This issue could have been raised on direct appeal and, thus, cannot be raised with a motion to vacate or set aside a judgment and conviction. Von Eberstein v. State, 270 So. 2d 444 (Fla. 1st DCA 1972). Accordingly, the order of the trial court is AFFIRMED.
SMITH, Acting C. J., and ERVIN and MELVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)…similarly held to be foreclosed from consideration by motion under the Rule. E.g., Demps v. State, 416 So. 2d 808 (Fla.1982); State v. Jackson, 414 So. 2d 281 (Fla. 4th DCA 1982); Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980); Tyner v. State, 363 So. 2d 1165 (Fla. 1st DCA 1978); Koedatich v. State, 287 So. 2d 738 (Fla. 3d DCA 1974); Yanks v. State, 273 So. 2d 401 (Fla. 3d DCA 1973), cert. denied, 277 So. 2d 288 (Fla.1973); McGriff v. State, 259 So. 2d 508 (Fla. 3d DCA 1972), cert. denied, 263 So. 2d 829…
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Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)…ns v. State, 453 So. 2d 1102 (Fla.1984); Ziegler v. State, 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. Sta…
Authorities Cited
- von Eberstein v. State, 270 So. 2d 444 (Fla. 1st DCA 1972)