Robert E. Philyaw, II v. State

District Court of Appeal of Florida

Robert E. Philyaw, II v. State

CourtDistrict Court of Appeal of Florida

DecidedAugust 13, 2018

Docket5D17-3251

StatusPublished

This text of Robert E. Philyaw, II v. State (Robert E. Philyaw, II 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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Robert E. Philyaw, II v. State, (Fla. Ct. App. 2018).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ROBERT E. PHILYAW, II,

Appellant,

v. Case No. 5D17-3251

STATE OF FLORIDA,

Appellee.

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Opinion filed August 17, 2018

3.850 Appeal from the Circuit Court for Marion County, Jonathan D. Ohlman, Judge.

Robert E. Philyaw, II, Defuniak Springs, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant filed an appeal with this Court following the denial of his motion seeking

postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However,

the issues and arguments Appellant raises here were not presented to the postconviction

court. Accordingly, those issues and arguments are not properly before this Court. Evans v. State, 975 So. 2d 1035, 1042 (Fla. 2007). We affirm the postconviction court’s order

denying Appellant’s rule 3.850 motion.

AFFIRMED.

ORFINGER, EVANDER and EDWARDS, JJ., concur.

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