Tyner v. State

District Court of Appeal of Florida

Tyner v. State

363 So. 2d 1165, 1978 Fla. App. LEXIS 16937

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1978

DocketNo. KK-419

StatusPublished

Cited by2 cases

This text of 363 So. 2d 1165 (Tyner 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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Tyner v. State, 363 So. 2d 1165, 1978 Fla. App. LEXIS 16937 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Appeal from a denial of a motion to vacate a judgment and sentence, pursuant to Rule 3.850, Fla.R.Crim.P. Appellant contends that a substitute judge sentenced him without becoming familiar with the case and that, therefore, the sentence is invalid.

This issue could have been raised on direct appeal and, thus, cannot be raised with a motion to vacate or set aside a judgment and conviction. Von Eberstein v. State, 270 So.2d 444 (Fla. 1st DCA 1972). Accordingly, the order of the trial court is AFFIRMED.

SMITH, Acting C. J., and ERVIN and MELVIN, JJ., concur.

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PER CURIAM.

Appeal from a denial of a motion to vacate a judgment and sentence, pursuant to Rule 3.850, Fla.R.Crim.P. Appellant contends that a substitute judge sentenced him without becoming familiar with the case and that, therefore, the sentence is invalid.

This issue could have been raised on direct appeal and, thus, cannot be raised with a motion to vacate or set aside a judgment and conviction. Von Eberstein v. State, 270 So.2d 444 (Fla. 1st DCA 1972). Accordingly, the order of the trial court is AFFIRMED.

SMITH, Acting C. J., and ERVIN and MELVIN, JJ., concur.

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363 So. 2d 1165, 1978 Fla. App. LEXIS 16937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyner-v-state-fladistctapp-1978.

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