Florida District Courts of Appeal, 1982

Redman v. State

Redman v. State
Florida District Courts of Appeal · Decided December 29, 1982 · Anstead, Dell, Hersey
425 So. 2d 131; 1982 Fla. App. LEXIS 22260 (Southern Reporter, Second Series)

Redman v. State

Opinion of the Court

PER CURIAM.

Joseph Redman appeals the denial of his motion for post-conviction relief without an evidentiary hearing. We affirm. Appellant’s motion was facially insufficient because it presented issues which were raised and disposed of on direct appeal. Such issues are not proper grounds for a post-conviction motion. Foster v. State, 400 So.2d 1, 4 (Fla. 1981). The trial court acted correctly in denying appellant’s motion without an evidentiary hearing. Fla.R. Crim.P. 3.850.

Affirmed.

HERSEY and DELL, JJ., concur. ANSTEAD, J., concurs specially.

Concurring Opinion

ANSTEAD, Judge,

specially concurring:

I agree that the appellant’s motion for post-conviction relief which merely alleged in a conclusory fashion that the state “lost, destroyed or otherwise suppressed” evidence favorable to the appellant was facially insufficient to require the trial court to conduct an evidentiary hearing.

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