Hughes v. State

District Court of Appeal of Florida

Hughes v. State

354 So. 2d 130

CourtDistrict Court of Appeal of Florida

DecidedJanuary 24, 1978

DocketNo. 77-1111

StatusPublished

Cited by1 cases

This text of 354 So. 2d 130 (Hughes 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

Hughes v. State, 354 So. 2d 130 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

This is an appeal from a denial of a Fla.R.Crim.P. 3.850 motion. The motion was correctly denied. See: Clements v. State, 320 So.2d 44 (Fla. 3d DCA 1975), wherein the following is found:

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“ * * * Relief from a judgment of conviction under Rule 3.850 is not proper where the ground raised was presented on appeal or was properly presentable thereon. Reinard v. State, Fla.App.1972, 267 So.2d 88; Koedatich v. State, Fla. App.1974, 287 So.2d 738; Jenkins v. State, Fla.App.1972, 267 So.2d 886.”

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The appellant had a full appeal upon his conviction. The issues presented by the 3.850 petition either were or could have been presented in his appeal in chief, which was affirmed in Hughes v. State, 272 So.2d 21 (Fla. 3d DCA 1973), cert. denied Fla., 282 So.2d 877. Therefore, the order under review be and the same is hereby affirmed.

Affirmed.

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PER CURIAM.

This is an appeal from a denial of a Fla.R.Crim.P. 3.850 motion. The motion was correctly denied. See: Clements v. State, 320 So.2d 44 (Fla. 3d DCA 1975), wherein the following is found:

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“ * * * Relief from a judgment of conviction under Rule 3.850 is not proper where the ground raised was presented on appeal or was properly presentable thereon. Reinard v. State, Fla.App.1972, 267 So.2d 88; Koedatich v. State, Fla. App.1974, 287 So.2d 738; Jenkins v. State, Fla.App.1972, 267 So.2d 886.”

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The appellant had a full appeal upon his conviction. The issues presented by the 3.850 petition either were or could have been presented in his appeal in chief, which was affirmed in Hughes v. State, 272 So.2d 21 (Fla. 3d DCA 1973), cert. denied Fla., 282 So.2d 877. Therefore, the order under review be and the same is hereby affirmed.

Affirmed.

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354 So. 2d 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-fladistctapp-1978.

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