Banda v. State

District Court of Appeal of Florida

Banda v. State

801 So. 2d 1046, 2001 Fla. App. LEXIS 18016, 2001 WL 1635564

CourtDistrict Court of Appeal of Florida

DecidedDecember 21, 2001

DocketNo. 2D01-4694

StatusPublished

This text of 801 So. 2d 1046 (Banda v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banda v. State, 801 So. 2d 1046, 2001 Fla. App. LEXIS 18016, 2001 WL 1635564 (Fla. Ct. App. 2001).

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Opinion

BLUE, Chief Judge.

Juan Banda timely appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Because his claims either were or should have been raised on direct appeal, we affirm. See Banda v. State, 536 So.2d 221 (Fla.1988) (rejecting claim of error in jury instruction); see also Cook v. State, 792 So.2d 1197, 1200-01 (Fla.2001) (holding that admissibility of evidence and defendant’s ab[1047]*1047sence at critical stages were issues for direct appeal).

Affirmed.

CASANUEVA and STRINGER, JJ„ Concur.

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BLUE, Chief Judge.

Juan Banda timely appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Because his claims either were or should have been raised on direct appeal, we affirm. See Banda v. State, 536 So.2d 221 (Fla.1988) (rejecting claim of error in jury instruction); see also Cook v. State, 792 So.2d 1197, 1200-01 (Fla.2001) (holding that admissibility of evidence and defendant’s ab[1047]*1047sence at critical stages were issues for direct appeal).

Affirmed.

CASANUEVA and STRINGER, JJ„ Concur.

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801 So. 2d 1046, 2001 Fla. App. LEXIS 18016, 2001 WL 1635564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banda-v-state-fladistctapp-2001.

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