Florida District Courts of Appeal, 1982

Lyons v. State

Florida District Courts of Appeal · Decided November 24, 1982 · Joanos, Shaw, Wigginton

422 So. 2d 1018; 1982 Fla. App. LEXIS 21694 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Cardona v. State (Fla. Dist. Ct. App. 1992)
Russell v. State (Fla. Dist. Ct. App. 1988)
Puig v. State (Fla. Dist. Ct. App. 1985)

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

JOANOS, Judge.

In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant challenged the voluntariness of his guilty plea, the prosecution’s failure to disclose favorable evidence and the presence of a juror during plea bargaining. The motion was properly denied as it consisted of conclusory allegations lacking adequate statements of factual support.

In addition, appellant has previously filed a 3.850 motion stating the same grounds for similar relief. Lyons v. State, No. GG-354 (Fla. 1st DCA 1977), voluntarily dismissed December 23, 1977. This prior dismissal precludes further review. Fla.R.Crim.P. 3.850.

SHAW and WIGGINTON, JJ., concur.

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