Florida District Courts of Appeal, 1978

Tyner v. State

Florida District Courts of Appeal · Decided November 6, 1978 · Ervin, Melvin, Smith

363 So. 2d 1165; 1978 Fla. App. LEXIS 16937 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Walcott v. State (Fla. Dist. Ct. App. 1984)
McCrae v. State (Fla. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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