Florida District Courts of Appeal, 1987

Bailey v. State

Florida District Courts of Appeal · Decided February 20, 1987 · Boardman, Edward, Ret, Ryder, Scheb

504 So. 2d 429; 12 Fla. L. Weekly 587; 1987 Fla. App. LEXIS 6842 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Moses v. State (Fla. Dist. Ct. App. 1989)

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.

Bailey appeals to us from a summary denial of his motion for post-conviction relief filed below pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the action of the trial court. This court has held that alleged guidelines departure errors must be raised by appeal and cannot be considered on a motion for post-conviction relief. Lowe v. State, 501 So.2d 712, (Fla. 2d DCA 1987); Rowe v. State, 496 So.2d 857 (Fla. 2d DCA 1986); Wahl v. State, 460 So.2d 579 (Fla. 2d DCA 1984). The third district, however, has recently ruled otherwise. Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986).

Affirmed.

SCHEB, A.C.J., RYDER, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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