Fluker v. State

District Court of Appeal of Florida

Fluker v. State

474 So. 2d 334, 10 Fla. L. Weekly 1832, 1985 Fla. App. LEXIS 14691

CourtDistrict Court of Appeal of Florida

DecidedJuly 30, 1985

DocketNo. BE-44

StatusPublished

Cited by1 cases

This text of 474 So. 2d 334 (Fluker 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

Fluker v. State, 474 So. 2d 334, 10 Fla. L. Weekly 1832, 1985 Fla. App. LEXIS 14691 (Fla. Ct. App. 1985).

Pincite

Opinion

BARFIELD, Judge.

The defendant, Bobby Lee Fluker, filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging that at his trial the state knowingly used perjured testimony and that he had ineffective assistance of counsel. The trial court denied relief on the grounds that the basis for the motion could have been raised on direct appeal. The trial court erred because both bases can be proper grounds for post-conviction relief; however, the motion is facial[335]*335ly insufficient for failure to contain a statement of the facts relied upon in support of the motion as required by Rule 3.850(f).

AFFIRMED.

BOOTH, C.J., and WIGGINTON, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BARFIELD, Judge.

The defendant, Bobby Lee Fluker, filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging that at his trial the state knowingly used perjured testimony and that he had ineffective assistance of counsel. The trial court denied relief on the grounds that the basis for the motion could have been raised on direct appeal. The trial court erred because both bases can be proper grounds for post-conviction relief; however, the motion is facial[335]*335ly insufficient for failure to contain a statement of the facts relied upon in support of the motion as required by Rule 3.850(f).

AFFIRMED.

BOOTH, C.J., and WIGGINTON, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

474 So. 2d 334, 10 Fla. L. Weekly 1832, 1985 Fla. App. LEXIS 14691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fluker-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack