Florida District Courts of Appeal, 1986

Bryant v. State

Florida District Courts of Appeal · Decided April 10, 1986 · Joanos, Nimmons, Shivers

486 So. 2d 680; 11 Fla. L. Weekly 847; 1986 Fla. App. LEXIS 7344 (Southern Reporter, Second Series)

Opinion of the Court

SHIVERS, Judge.

Bryant appeals an order denying post-conviction relief under Fla.R.Crim.P. 3.850. We affirm.

Bryant’s motion and the files and records in the case conclusively show that Bryant is entitled to no relief. Therefore, the trial court was correct in denying the motion without hearing. Fla.R.Crim.P. 3.850.

We treat Bryant’s argument of ineffective assistance of appellate counsel as a petition for writ of habeas corpus. Smith v. State, 400 So.2d 956, 960 (Fla. 1981); Fla. R.App.P. 9.040(c). We deny the petition under the principles of Knight v. State, 394 So.2d 997 (Fla. 1981).

AFFIRMED.

JOANOS and NIMMONS, JJ., concur.

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