Frey v. State

District Court of Appeal of Florida

Frey v. State

488 So. 2d 158, 11 Fla. L. Weekly 1131, 1986 Fla. App. LEXIS 7818

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 1986

DocketNo. 4-86-0710

StatusPublished

This text of 488 So. 2d 158 (Frey 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

Frey v. State, 488 So. 2d 158, 11 Fla. L. Weekly 1131, 1986 Fla. App. LEXIS 7818 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

We affirm the trial court’s summary dismissal of appellant’s application for post-conviction relief. In addition to numerous procedural defects the motion contains allegations of trial errors that cannot be raised in a motion for post-conviction relief because they could and should have been raised in appellant’s prior appeal on the merits. The same is true of appellant’s claim that he was improperly sentenced, a claim actually raised and rejected in appellant’s prior appeal.

ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.

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PER CURIAM.

We affirm the trial court’s summary dismissal of appellant’s application for post-conviction relief. In addition to numerous procedural defects the motion contains allegations of trial errors that cannot be raised in a motion for post-conviction relief because they could and should have been raised in appellant’s prior appeal on the merits. The same is true of appellant’s claim that he was improperly sentenced, a claim actually raised and rejected in appellant’s prior appeal.

ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.

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Bluebook (online)

488 So. 2d 158, 11 Fla. L. Weekly 1131, 1986 Fla. App. LEXIS 7818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frey-v-state-fladistctapp-1986.