LAMAR JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Suggestive Photographic Display cases and more on FLexlaw
PER CURIAM.
Johnson appeals a summary denial of his motion to vacate judgment and sentence. Fla.R.Crim.P. 3.850. He alleges that his Fourteenth Amendment Due Process rights were violated since the state failed to conduct a pre-trial lineup. He also claims that the state used unnecessarily suggestive procedures by using a second photographic display for an in-court identification. Both grounds for relief should have been raised'when Johnson directly appealed his conviction. Therefore, he is precluded from raising them now. Von Eberstein v. State, 270 So. 2d 444 (Fla. 1st D.C.A. 1972). Matters known at the time of trial are not appropriate for collateral attack, and collateral attack will not be used as a substitute for appeal. State v. Matera, 266 So. 2d 661, 666 (Fla.1972). Accordingly, the order denying the motion for post-conviction relief is AFFIRMED.
BOYER, Acting C. J., MILLS and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980)…ne — up. A motion to vacate a judgment and sentence is defective where the ground alleged was known to the defendant at the time of sentencing and was properly presentable on a direct appeal which defendant did or could have taken. Johnson v. State, 364 So. 2d 118 (Fla. 1st DCA 1978); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1977). If the matter forming the basis of the motion to vacate was known to the defendant at the time of trial, it will not support a collateral attack on the judgment of conviction s…
-
Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)…mandatory minimum firearm sentence. .See, e.g., Downs 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, 1…
Authorities Cited
- State v. Matera, 266 So. 2d 661 (Fla. 1972)
- von Eberstein v. State, 270 So. 2d 444 (Fla. 1st DCA 1972)