Lyons v. State

District Court of Appeal of Florida

Lyons v. State

422 So. 2d 1018, 1982 Fla. App. LEXIS 21694

District Court of Appeal of Florida·Decided November 24, 1982·No. No. AO-154·Published·Cited by 3 cases

Opinion

JOANOS, Judge.

In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant challenged the voluntariness of his guilty plea, the prosecution’s failure to disclose favorable evidence and the presence of a juror during plea bargaining. The motion was properly denied as it consisted of conclusory allegations lacking adequate statements of factual support.

In addition, appellant has previously filed a 3.850 motion stating the same grounds for similar relief. Lyons v. State, No. GG-354 (Fla. 1st DCA 1977), voluntarily dismissed December 23, 1977. This prior dismissal precludes further review. Fla.R.Crim.P. 3.850.

SHAW and WIGGINTON, JJ., concur.

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JOANOS, Judge.

In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant challenged the voluntariness of his guilty plea, the prosecution’s failure to disclose favorable evidence and the presence of a juror during plea bargaining. The motion was properly denied as it consisted of conclusory allegations lacking adequate statements of factual support.

In addition, appellant has previously filed a 3.850 motion stating the same grounds for similar relief. Lyons v. State, No. GG-354 (Fla. 1st DCA 1977), voluntarily dismissed December 23, 1977. This prior dismissal precludes further review. Fla.R.Crim.P. 3.850.

SHAW and WIGGINTON, JJ., concur.

Lyons v. State, 422 So. 2d 1018, 1982 Fla. App. LEXIS 21694 (Fla. Ct. App. 1982).

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Opinion

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