Bethune v. State

District Court of Appeal of Florida

Bethune v. State

492 So. 2d 404, 11 Fla. L. Weekly 1292, 1986 Fla. App. LEXIS 8186

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1986

DocketNo. 86-864

StatusPublished

Cited by1 cases

This text of 492 So. 2d 404 (Bethune 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.

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Bethune v. State, 492 So. 2d 404, 11 Fla. L. Weekly 1292, 1986 Fla. App. LEXIS 8186 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

In appellant’s motion for post-conviction relief, he contends that he was improperly convicted of two counts of perjury arising out of one episode of testifying at trial. Even if this could be reached by a motion for post-conviction relief, appellant’s position could not be sustained because he told two “separate and distinct lies” and the “proof of each falsehood required the establishment of different facts.” United States v. Nixon, 634 F.2d 306, 313 (5th Cir.1981). See also Gebhard v. United States, 422 F.2d 281 (9th Cir. 1970); Commonwealth v. Gurney, 13 Mass.App.Ct. 391, 433 N.E.2d 471 (1982).

Affirmed.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

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PER CURIAM.

In appellant’s motion for post-conviction relief, he contends that he was improperly convicted of two counts of perjury arising out of one episode of testifying at trial. Even if this could be reached by a motion for post-conviction relief, appellant’s position could not be sustained because he told two “separate and distinct lies” and the “proof of each falsehood required the establishment of different facts.” United States v. Nixon, 634 F.2d 306, 313 (5th Cir.1981). See also Gebhard v. United States, 422 F.2d 281 (9th Cir. 1970); Commonwealth v. Gurney, 13 Mass.App.Ct. 391, 433 N.E.2d 471 (1982).

Affirmed.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

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492 So. 2d 404, 11 Fla. L. Weekly 1292, 1986 Fla. App. LEXIS 8186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bethune-v-state-fladistctapp-1986.

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