From Casetext: Smarter Legal Research

Thomas v. State

District Court of Appeal of Florida, Second District
Oct 18, 1985
476 So. 2d 798 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-1623.

October 18, 1985.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Pinellas County; Claire K. Luten, Judge.


We affirm the denial by the trial court of defendant's motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure.

All of the grounds of the motion alleging ineffective assistance of counsel are either facially insufficient, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Knight v. State, 394 So.2d 997 (Fla. 1981), or were previously raised on defendant's appeal and are therefore not proper grounds for the motion. The ground as to newly discovered evidence are not properly cognizable in a motion of this kind. Langston v. State, 444 So.2d 1156 (Fla. 2d DCA 1984). The ground as to defendant's acquittal in another case is without merit. See Sanders v. State, 429 So.2d 245 (Miss. 1983).

Affirmed.

LEHAN, A.C.J., and FRANK and HALL, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Second District
Oct 18, 1985
476 So. 2d 798 (Fla. Dist. Ct. App. 1985)
Case details for

Thomas v. State

Case Details

Full title:GERALD A. THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 18, 1985

Citations

476 So. 2d 798 (Fla. Dist. Ct. App. 1985)