McGriff v. State, 259 So. 2d 508 (Fla. 3d Dist. Ct. App. 1972)
259 So. 2d 508
US-DOC-21167704
locator
Case details
Citation
259 So. 2d 508
Full caption
Nelson Eddie McGRIFF, Appellant, v. The STATE of Florida, Appellee.
Country
United States
Jurisdiction
Florida (FL)
Court
Fla. 3d Dist. Ct. App.
Decided
1972
Fla. R. App. P. 9.800
McGriff v. State, 259 So. 2d 508 (Fla. 3d DCA 1972)
PER CURIAM.
This is an appeal from an order entered by the Criminal Court of Record for Dade County, Florida, denying defendant’s motion for relief from his conviction of robbery, pursuant to Rule 3.8S0, CrPR, 33 F.S.A., formerly Rule 1.850. The court in its order held that the allegations of the motion for relief did not constitute legal grounds for granting a new trial or release of the defendant.
Related requests for post-conviction relief sought by the appellant are: McGriff v. State, Fla.App.1971, 248 So.2d 563 and McGriff v. Wainwright, 431 F.2d 897 (5th Cir. 1970).
We have carefully reviewed the record and briefs of counsel and have concluded that the court properly denied the defendant the relief sought. It appears that the matters raised in the motion, if proved, would not constitute legal grounds for collateral attack of the judgment and sentence. The matters complained of could or should have been raised on direct appeal. Peterson v. State, Fla.App.1970, 237 So.2d 223.
For the reasons stated the order appealed is affirmed.
Affirmed.