Florida District Courts of Appeal, 1986

Bethune v. State

Florida District Courts of Appeal · Decided June 4, 1986 · Danahy, Grimes, Schoonover

492 So. 2d 404; 11 Fla. L. Weekly 1292; 1986 Fla. App. LEXIS 8186 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Lawton 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

PER CURIAM.

In appellant’s motion for post-conviction relief, he contends that he was improperly convicted of two counts of perjury arising out of one episode of testifying at trial. Even if this could be reached by a motion for post-conviction relief, appellant’s position could not be sustained because he told two “separate and distinct lies” and the “proof of each falsehood required the establishment of different facts.” United States v. Nixon, 634 F.2d 306, 313 (5th Cir. 1981). See also Gebhard v. United States, 422 F.2d 281 (9th Cir. 1970); Commonwealth v. Gurney, 13 Mass.App.Ct. 391, 433 N.E.2d 471 (1982).

Affirmed.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

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