Laboda v. State

District Court of Appeal of Florida

Laboda v. State

239 So. 2d 107, 1970 Fla. App. LEXIS 5732

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1970

DocketNo. 70-263

StatusPublished

Cited by2 cases

This text of 239 So. 2d 107 (Laboda 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

Laboda v. State, 239 So. 2d 107, 1970 Fla. App. LEXIS 5732 (Fla. Ct. App. 1970).

Pincite

Opinion

PER CURIAM.

On March 19, 1965, the appellant was tried before a jury and found guilty and adjudged of the crimes of which he was informed against, namely: breaking and entering a dwelling house with intent to commit a felony, to-wit: Larceny, assault upon a named person therein during the course thereof, and grand larceny. On November 21, 1965, while serving sentence thereon, the appellant filed a motion in the [108]*108trial court under Criminal Procedure Rule 1 (now No. 1.850, 33 F.S.A.) for relief from the judgment and sentence. That motion as subsequently amended was denied by the trial court on April 19, 1966. The appellant filed a second motion for relief from the judgment and sentence on June 19, 1969, which was supplemented by an amendment on February 9, 1970. That second motion as amended was denied on February 16, 1970, by an order of the trial court which is the subject of this appeal. On consideration of the record and briefs we find no reversible error disclosed. The second motion was properly denied inasmuch as it reasserted the grounds presented in the previous motion. See Marshall v. State, Fla.App.1969, 224 So.2d 723. Accordingly, the order appealed from is affirmed.

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

PER CURIAM.

On March 19, 1965, the appellant was tried before a jury and found guilty and adjudged of the crimes of which he was informed against, namely: breaking and entering a dwelling house with intent to commit a felony, to-wit: Larceny, assault upon a named person therein during the course thereof, and grand larceny. On November 21, 1965, while serving sentence thereon, the appellant filed a motion in the [108]*108trial court under Criminal Procedure Rule 1 (now No. 1.850, 33 F.S.A.) for relief from the judgment and sentence. That motion as subsequently amended was denied by the trial court on April 19, 1966. The appellant filed a second motion for relief from the judgment and sentence on June 19, 1969, which was supplemented by an amendment on February 9, 1970. That second motion as amended was denied on February 16, 1970, by an order of the trial court which is the subject of this appeal. On consideration of the record and briefs we find no reversible error disclosed. The second motion was properly denied inasmuch as it reasserted the grounds presented in the previous motion. See Marshall v. State, Fla.App.1969, 224 So.2d 723. Accordingly, the order appealed from is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

239 So. 2d 107, 1970 Fla. App. LEXIS 5732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laboda-v-state-fladistctapp-1970.

Opinion

Related

Cite This Page — Counsel Stack