Florida District Courts of Appeal, 1985

Fluker v. State

Florida District Courts of Appeal · Decided July 30, 1985 · Barfield, Booth, Wigginton

474 So. 2d 334; 10 Fla. L. Weekly 1832; 1985 Fla. App. LEXIS 14691 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Dorch v. State (Fla. Dist. Ct. App. 1986)

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

BARFIELD, Judge.

The defendant, Bobby Lee Fluker, filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging that at his trial the state knowingly used perjured testimony and that he had ineffective assistance of counsel. The trial court denied relief on the grounds that the basis for the motion could have been raised on direct appeal. The trial court erred because both bases can be proper grounds for post-conviction relief; however, the motion is facial*335ly insufficient for failure to contain a statement of the facts relied upon in support of the motion as required by Rule 3.850(f).

AFFIRMED.

BOOTH, C.J., and WIGGINTON, J., concur.

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