From Casetext: Smarter Legal Research

Lenton v. State

District Court of Appeal of Florida, First District
Apr 17, 1998
708 So. 2d 684 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3252.

April 17, 1998.

An appeal from the Circuit Court for Leon County; J. Lewis Hall, Jr., Judge.

Oscar L. Lenton, Sr., appellant, pro se.

Robert Butterworth, Attorney General, Tallahassee, for appellee.


We affirm the order denying appellant's motion, filed pursuant to Florida Rule of Criminal Procedure 3.850. The first and third claims raised in appellant's motion are procedurally barred because those issues could have been raised on appeal. The second claim regarding counsel's failure to contact a witness who would have testified that she shot the victim is facially insufficient. See Kilgore v. State, 631 So.2d 334 (Fla. 1st DCA 1994). However, since the time period for filing a rule 3.850 has not expired, our affirmance as to the second claim only is without prejudice to the appellant's right to file below a revised motion that fully complies with Rule 3.850. Groves v. State, 668 So.2d 1089 (Fla. 1st DCA 1996).

AFFIRM.

MICKLE, J., concurs.

DAVIS, J., concurs in result only.


Summaries of

Lenton v. State

District Court of Appeal of Florida, First District
Apr 17, 1998
708 So. 2d 684 (Fla. Dist. Ct. App. 1998)
Case details for

Lenton v. State

Case Details

Full title:Oscar L. LENTON, Sr., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 17, 1998

Citations

708 So. 2d 684 (Fla. Dist. Ct. App. 1998)