Pitts v. State

Full title: ANTHONY T. PITTS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 9, 1979

365 So. 2d 1080 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-1642.

January 9, 1979.

Appeal from Circuit Court, Dade County; Ellen Morphonios Gable, Judge.

Anthony T. Pitts, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before BARKDULL, KEHOE and SCHWARTZ, JJ.

PER CURIAM.

The appellant seeks review of a summary denial of his motion pursuant to Fla.R. Crim.P. 3.850. We affirm.

The record proper clearly refutes the allegations of the motion and, therefore, the order appealed should be affirmed. See: Davis v. State, 277 So.2d 790 (Fla. 3d DCA 1973); Williams v. State, 296 So.2d 578 (Fla. 1st DCA 1974); Bohn v. State, 354 So.2d 1233 (Fla. 3d DCA 1978).

Affirmed.