Hoewischer v. State

District Court of Appeal of Florida

Hoewischer v. State

474 So. 2d 898, 10 Fla. L. Weekly 2032

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1985

DocketNo. BF-280

StatusPublished

Cited by1 cases

This text of 474 So. 2d 898 (Hoewischer 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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Hoewischer v. State, 474 So. 2d 898, 10 Fla. L. Weekly 2032 (Fla. Ct. App. 1985).

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Opinion

MILLS, Judge.

Hoewischer appeals from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

On 1 November 1979, Hoewischer was convicted of armed robbery. He appealed to this court and his conviction was affirmed without opinion in Hoewischer v. State, 394 So.2d 1156 (Fla. 1st DCA 1981). The instant motion was filed on 12 January 1985, alleging that the trial court erred in limiting closing argument at trial to 15 minutes and that the evidence at trial was insufficient to prove use of a weapon during the robbery.

The trial court correctly denied the motion. The argument with regard to the length of the closing argument was made and rejected on direct appeal. Hoew-ischer is therefore foreclosed from raising it in a motion for postconviction relief. Smith v. State, 453 So.2d 388 (Fla.1984). Sufficiency of the evidence is not an issue cognizable through collateral attack. Rasheed v. State, 449 So.2d 981 (Fla. 1st DCA 1984); Spencer v. State, 389 So.2d 652 (Fla. 1st DCA 1980).

AFFIRMED.

BOOTH, C.J., and JOANOS, J., concur.

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