Florida District Courts of Appeal, 1983

Garcia v. State

Garcia v. State
Florida District Courts of Appeal · Decided November 1, 1983 · Barkdull, Ferguson, Hendry
439 So. 2d 1038; 1983 Fla. App. LEXIS 23600 (Southern Reporter, Second Series)

Garcia v. State

Opinion of the Court

PER CURIAM.

Appellant, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and *1039this court having considered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. See Messer v. State, 439 So.2d 875 (Fla. 1983); Palmes v. State, 425 So.2d 4 (Fla. 1983); Thompson v. State, 410 So.2d 500 (Fla. 1982).

Concurring Opinion

FERGUSON, Judge

(concurring).

It cannot be determined from the motion or the scant record provided whether an appeal was taken from the conviction and sentence. Nevertheless, the issue presented is one which should have been raised on a direct appeal. For this reason I concur in the result.

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