Barbon v. State
Barbon v. State
Opinion of the Court
Barbón appeals the trial court’s denial of his Florida Rules of Criminal Procedure Rule 3.850 motion to vacate and set aside his sentence, following his conviction for conspiracy to traffic in excess of 100 pounds of cannabis. We affirm.
Barbón argues his sentence should be vacated due to his inability to depose a critical witness, Putnal, who Barbón contends was made unavailable by the prosecution. Barbon’s motion is based upon a post-trial affidavit of co-conspirator, Carl,
Barbón has failed to raise any factual allegations to support the claimed misconduct by the prosecution. There are no facts set forth as to how the prosecution made the witness unavailable. There are no factual allegations as to what Putnal’s testimony would have been. There appear to be no differences in what was known before conviction and what later became known which would require relief. The issue of Putnal’s unavailability was raised on direct appeal and is not now a proper basis for post-conviction relief. Christopher v. State, 416 So.2d 450, 452 (Fla. 1982).
Accordingly, the trial court’s denial of the motion for post conviction relief is AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.