Kelly v. State
419 So. 2d 1161, 1982 Fla. App. LEXIS 21336
Procedural entryThis page is a short order in Kelly v. State. Read the opinion of the Court — 414 So. 2d 1117 →
Opinion
Kelly appeals the denial of his motion for post-conviction relief. We affirm.
The commission of the intended felony is not a lesser included offense of burglary. Estevez v. State, 313 So.2d 692 (Fla.1975).
State v. Sarmiento, 397 So.2d 643 (Fla.1981), and Hoberman v. State, 400 So.2d 758 (Fla.1981), issues are not retroactively available in 3.850 proceedings. Williams v. State, 406 So.2d 1246 (Fla. 1st DCA 1981), review pending.
The evidence produced below does not reveal that discovery violations, if any, prejudiced Kelly.
AFFIRMED.
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Kelly v. State, 419 So. 2d 1161, 1982 Fla. App. LEXIS 21336 (Fla. Ct. App. 1982).
419 So. 2d 1161 (Kelly v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Hoberman v. State
400 So. 2d 758 (Supreme Court of Florida, 1981)
State v. Sarmiento
397 So. 2d 643 (Supreme Court of Florida, 1981)
Estevez v. State
313 So. 2d 692 (Supreme Court of Florida, 1975)
Williams v. State
406 So. 2d 1246 (District Court of Appeal of Florida, 1981)