Lopetegui v. State

District Court of Appeal of Florida

Lopetegui v. State

257 So. 2d 914

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 1972

DocketNo. 71-811

StatusPublished

Cited by1 cases

This text of 257 So. 2d 914 (Lopetegui 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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Lopetegui v. State, 257 So. 2d 914 (Fla. Ct. App. 1972).

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Opinion

PER CURIAM.

This appeal from a summary denial of a motion filed pursuant to CrPR 3.850 is affirmed upon authority of the rule that a motion pursuant to CrPR 3.850, 33 F.S.A., may not be used as a substitute for appeal. Peterson v. State, Fla.App.1970, 237 So.2d 223.

In the instant case the appellant has had a full appeal from his conviction, Lopeti-gui v. State, Fla.App.1970, 232 So.2d 399, and now seeks to challenge the procedural aspects of the cause again by motion. The motion was appropriately denied without evidentiary hearing by the trial judge.

Affirmed. '

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PER CURIAM.

This appeal from a summary denial of a motion filed pursuant to CrPR 3.850 is affirmed upon authority of the rule that a motion pursuant to CrPR 3.850, 33 F.S.A., may not be used as a substitute for appeal. Peterson v. State, Fla.App.1970, 237 So.2d 223.

In the instant case the appellant has had a full appeal from his conviction, Lopeti-gui v. State, Fla.App.1970, 232 So.2d 399, and now seeks to challenge the procedural aspects of the cause again by motion. The motion was appropriately denied without evidentiary hearing by the trial judge.

Affirmed. '

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257 So. 2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopetegui-v-state-fladistctapp-1972.

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