Poss v. State

District Court of Appeal of Florida

Poss v. State

238 So. 2d 303

CourtDistrict Court of Appeal of Florida

DecidedAugust 11, 1970

DocketNo. 69-962

StatusPublished

This text of 238 So. 2d 303 (Poss 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

Poss v. State, 238 So. 2d 303 (Fla. Ct. App. 1970).

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Opinion

PER CURIAM.

After a jury trial, the appellant was found guilty of the crime of robbery, and sentenced on March 6, 1959, to imprisonment in the state penitentiary for the remainder of his natural life. The record reveals substantial evidence of appellant’s guilt, and the trial was regular in all respects. This is an appeal from a denial of appellant’s fifth motion to vacate judgment and sentence.¹

Appellant presents seven points on appeal. Points one and five claim that appellant was ineffectively represented by private counsel. We have read the record and find no basis for this allegation. In addition, see Humphries v. State, Fla.App.1970, 232 So.2d 23.

Point two was raised here before and, although not discussed, decided adversely to appellant in Poss v. State, Fla.App.1964, 169 So.2d 845. Point three does not present grounds for relief. See United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967). Point four is covered by State v. Hernandez, Fla.1968, 217 So.2d 109. Point six is not a ground for relief. See Powe v. State, Fla.1968, 216 So.2d 446. Point seven is refuted by the record. See Fast ,v. State, Fla.App.1969, 221 So.2d 203.

Affirmed.

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PER CURIAM.

After a jury trial, the appellant was found guilty of the crime of robbery, and sentenced on March 6, 1959, to imprisonment in the state penitentiary for the remainder of his natural life. The record reveals substantial evidence of appellant’s guilt, and the trial was regular in all respects. This is an appeal from a denial of appellant’s fifth motion to vacate judgment and sentence.¹

Appellant presents seven points on appeal. Points one and five claim that appellant was ineffectively represented by private counsel. We have read the record and find no basis for this allegation. In addition, see Humphries v. State, Fla.App.1970, 232 So.2d 23.

Point two was raised here before and, although not discussed, decided adversely to appellant in Poss v. State, Fla.App.1964, 169 So.2d 845. Point three does not present grounds for relief. See United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967). Point four is covered by State v. Hernandez, Fla.1968, 217 So.2d 109. Point six is not a ground for relief. See Powe v. State, Fla.1968, 216 So.2d 446. Point seven is refuted by the record. See Fast ,v. State, Fla.App.1969, 221 So.2d 203.

Affirmed.

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238 So. 2d 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poss-v-state-fladistctapp-1970.

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