Florida District Courts of Appeal, 1979

McCall v. State

McCall v. State
Florida District Courts of Appeal · Decided August 28, 1979 · Booth, Ervin, Smith
374 So. 2d 644; 1979 Fla. App. LEXIS 21220 (Southern Reporter, Second Series)

McCall v. State

Opinion of the Court

PER CURIAM.

McCall appeals the summary denial of his 3.850 motion to vacate a judgment and sentence of armed robbery. However, each ground raised could have been or should have been raised on direct appeal. Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977). Further, several of the grounds presented in the motion have been previously raised in prior motions to vacate filed by the appellant. The trial court is not required to entertain successive motions for relief which are based on similar grounds. Fla.R. Crim.P. 3.850.

AFFIRMED.

ERVIN, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.