A. W. EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a claim that a conviction was for a crime not charged in the information could have been raised on direct appeal and was therefore procedurally barred in a motion to vacate sentence.
Appellant contended he was convicted of a crime not charged in the information. The trial court denied his motion to vacate sentence.…
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PER CURIAM.
Appeal from the summary denial of a motion to vacate and set aside sentence, Rule 3.850, Fla.R.Crim.P. A. W. Edwards contends that he was convicted of a crime not charged in the information. The trial court denied the motion on the grounds that the issue should have been raised on direct appeal, that the motion stated only mere assertions and conclusions, and that the records and files refute the claims. We affirm.
Edwards could have raised the issue on direct appeal. Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977). He did have the benefit of appellate review and his conviction was affirmed at 349 So. 2d 1231 (Fla. 1st DCA 1977).
We note that the trial court’s order did not include attachments to support the statement that the claim was refuted on the merits by the files and records. Rule 3.850 requires such attachments, but since we affirm on an issue of law, not facts, we will not in this case remand for the attachments.
AFFIRMED.
BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.
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McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)…v. State, 160 So. 2d 730 (Fla. 2d DCA 1964). Therefore, a Rule 3.850 motion based upon grounds which either were or could have been raised as issues on appeal may be summarily denied. E.g., Foster v. State, 400 So. 2d 1 (Fla.1981); Edwards v. State, 364 So. 2d 119 (Fla. 1st DCA 1978); Jenkins v. State, 267 So. 2d 886 (Fla. 2d DCA 1972). In addition to issues that were raised on appeal and those which could have been raised, which are not proper grounds, a motion under the Rule may also be summarily denied wh…
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Genter v. State, 377 So. 2d 834 (Fla. 3d DCA 1979)…is affirmed. See: Neal v. State, 349 So. 2d 844 (Fla. 2d DCA 1977); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978); Pitts v. Turner, 362 So. 2d 134 (Fla. 4th DCA 1978); Edwards v. State, 364 So. 2d 119 (Fla. 1st DCA 1978); Epps v. State, 365 So. 2d 179 (Fla. 1st DCA 1978); Rule 3.850 R.Cr.P.…
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Crump v. State, 412 So. 2d 441 (Fla. 4th DCA 1982)…s subject to our review,2 it is legally insufficient under Knight v. State, 394 So. 2d 997 (Fla.1981). Since we affirm on matters of law, there is no need to remand for the attachments of files or records as required by Rule 3.850. Edwards v. State, 364 So. 2d 119 (Fla. 1st DCA 1978). AFFIRMED. LETTS, C. J., and DOWNEY and GLICKSTEIN, JJ., concur. . See Committee Note, 34 Fla.Stat.Ann. 133 (Supp.1982). . Jones v. State, 384 So. 2d 736, 737 (Fla.4th DCA 1980).…
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