Lewis v. State

District Court of Appeal of Florida

Lewis v. State

428 So. 2d 733, 1983 Fla. App. LEXIS 20212

District Court of Appeal of Florida·Decided March 17, 1983·No. No. AP-493·Published·Cited by 1 cases

Opinion

PER CURIAM.

The portions of the record attached by the trial court conclusively refute appellant’s allegations in his 3.850 motion for post-conviction relief that his plea was involuntary and his counsel ineffective. The order denying relief is AFFIRMED, without prejudice, however, to appellant’s right to contest use of a pre-sentence investigation report that he alleges his counsel did not show him. Lewis raised this issue by a proposed amendment to his motion, but the record before us contains no ruling on this question.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.

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PER CURIAM.

The portions of the record attached by the trial court conclusively refute appellant’s allegations in his 3.850 motion for post-conviction relief that his plea was involuntary and his counsel ineffective. The order denying relief is AFFIRMED, without prejudice, however, to appellant’s right to contest use of a pre-sentence investigation report that he alleges his counsel did not show him. Lewis raised this issue by a proposed amendment to his motion, but the record before us contains no ruling on this question.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.

Lewis v. State, 428 So. 2d 733, 1983 Fla. App. LEXIS 20212 (Fla. Ct. App. 1983).

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Opinion

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