Sweet v. State

District Court of Appeal of Florida

Sweet v. State

377 So. 2d 48, 1979 Fla. App. LEXIS 16123

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 1979

DocketNo. PP-149

StatusPublished

This text of 377 So. 2d 48 (Sweet 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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Sweet v. State, 377 So. 2d 48, 1979 Fla. App. LEXIS 16123 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Sweet appeals the order denying his motion for post-conviction relief entered without an evidentiary hearing. We affirm. Sweet’s claim that he was denied his right to counsel at a critical stage because he appeared at a pre-indictment line-up without counsel was previously raised and considered on his direct appeal. Sweet v. State, 296 So.2d 672 (Fla. 1st DCA 1974). Therefore, this claim does not set forth a ground for post-conviction relief. Pitts v. State, 355 So.2d 505 (Fla. 1st DCA 1978). Moreover, under the circumstances presented in this case, Sweet was not entitled to counsel at the line-up. State v. Bragg, 371 So.2d 1080 (Fla. 4th DCA 1979). Accordingly, the order denying Sweet’s motion for post-conviction relief without an evidentia-ry hearing is affirmed.

McCORD, Acting C. J., and LARRY G. SMITH and SHIVERS, JJ., concur.

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PER CURIAM.

Sweet appeals the order denying his motion for post-conviction relief entered without an evidentiary hearing. We affirm. Sweet’s claim that he was denied his right to counsel at a critical stage because he appeared at a pre-indictment line-up without counsel was previously raised and considered on his direct appeal. Sweet v. State, 296 So.2d 672 (Fla. 1st DCA 1974). Therefore, this claim does not set forth a ground for post-conviction relief. Pitts v. State, 355 So.2d 505 (Fla. 1st DCA 1978). Moreover, under the circumstances presented in this case, Sweet was not entitled to counsel at the line-up. State v. Bragg, 371 So.2d 1080 (Fla. 4th DCA 1979). Accordingly, the order denying Sweet’s motion for post-conviction relief without an evidentia-ry hearing is affirmed.

McCORD, Acting C. J., and LARRY G. SMITH and SHIVERS, JJ., concur.

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377 So. 2d 48, 1979 Fla. App. LEXIS 16123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweet-v-state-fladistctapp-1979.

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