Florida District Courts of Appeal, 1982

Pitts v. State

Pitts v. State
Florida District Courts of Appeal · Decided November 16, 1982 · Joanos, Shaw, Wigginton
421 So. 2d 791; 1982 Fla. App. LEXIS 21613 (Southern Reporter, Second Series)

Pitts v. State

Opinion of the Court

JOANOS, Judge.

In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant sought to challenge the effectiveness of assistance of counsel and the extent of the inquiry into his sanity. The motion was properly denied summarily as to these issues, because it consisted of mere concluso-ry allegations lacking adequate statements of factual support.

The issue of improper prosecutorial comment, also stated in mere conclusory terms, could have been raised on direct appeal and will not be reviewed in this collateral proceeding. See Adams v. State, 380 So.2d 423 (Fla. 1980).

AFFIRMED.

SHAW and WIGGINTON, JJ., concur.

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