Bryant v. State

District Court of Appeal of Florida

Bryant v. State

486 So. 2d 680, 11 Fla. L. Weekly 847, 1986 Fla. App. LEXIS 7344

Procedural entryThis page is a short order in Bryant v. State. Read the opinion of the Court — 12 Fla. L. Weekly 2465 →

District Court of Appeal of Florida·Decided April 10, 1986·No. No. BA-332·Published

Opinion

SHIVERS, Judge.

Bryant appeals an order denying post-conviction relief under Fla.R.Crim.P. 3.850. We affirm.

Bryant’s motion and the files and records in the case conclusively show that Bryant is entitled to no relief. Therefore, the trial court was correct in denying the motion without hearing. Fla.R.Crim.P. 3.850.

We treat Bryant’s argument of ineffective assistance of appellate counsel as a petition for writ of habeas corpus. Smith v. State, 400 So.2d 956, 960 (Fla.1981); Fla. R.App.P. 9.040(c). We deny the petition under the principles of Knight v. State, 394 So.2d 997 (Fla.1981).

AFFIRMED.

JOANOS and NIMMONS, JJ., concur.

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SHIVERS, Judge.

Bryant appeals an order denying post-conviction relief under Fla.R.Crim.P. 3.850. We affirm.

Bryant’s motion and the files and records in the case conclusively show that Bryant is entitled to no relief. Therefore, the trial court was correct in denying the motion without hearing. Fla.R.Crim.P. 3.850.

We treat Bryant’s argument of ineffective assistance of appellate counsel as a petition for writ of habeas corpus. Smith v. State, 400 So.2d 956, 960 (Fla.1981); Fla. R.App.P. 9.040(c). We deny the petition under the principles of Knight v. State, 394 So.2d 997 (Fla.1981).

AFFIRMED.

JOANOS and NIMMONS, JJ., concur.

Bryant v. State, 486 So. 2d 680, 11 Fla. L. Weekly 847, 1986 Fla. App. LEXIS 7344 (Fla. Ct. App. 1986).

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Opinion

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