Tyner v. State

Florida District Courts of Appeal
Tyner v. State, 363 So. 2d 1165 (1978)
1978 Fla. App. LEXIS 16937
Ervin, Melvin, Smith

Tyner v. State

Opinion of the Court

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.

Reference

Full Case Name
Bradford TYNER v. STATE of Florida
Cited By
2 cases
Status
Published