Florida District Courts of Appeal, 2001

Banda v. State

Banda v. State
Florida District Courts of Appeal · Decided December 21, 2001 · Blue, Casanueva, Stringer
801 So. 2d 1046; 2001 Fla. App. LEXIS 18016; 2001 WL 1635564 (Southern Reporter, Second Series)

Banda v. State

Opinion of the Court

BLUE, Chief Judge.

Juan Banda timely appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Because his claims either were or should have been raised on direct appeal, we affirm. See Banda v. State, 536 So.2d 221 (Fla. 1988) (rejecting claim of error in jury instruction); see also Cook v. State, 792 So.2d 1197, 1200-01 (Fla. 2001) (holding that admissibility of evidence and defendant’s ab*1047sence at critical stages were issues for direct appeal).

Affirmed.

CASANUEVA and STRINGER, JJ„ Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.