Greene v. State, 403 So. 2d 1126

Lead Opinion

COWART, Judge.

The judgment and sentence are affirmed without prejudice to appellant’s right to seek compliance with section 39.111(6)(e), Florida Statutes (1979), in the trial court. See Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So.2d 838 (Fla. 5th DCA 1981).

AFFIRMED.

ORFINGER, J., concurs. DAUKSCH, C. J., concurs specially with opinion.

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Concurrence Opinion

DAUKSCH, Chief Justice,

concurring specially:

I agree with the opinion of the majority and say the appellant may make application to the trial court for the requisite relief not only under the Chapter 39 provision but under the Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981), decision. Florida Rule of Criminal Procedure 3.850 provides for such relief.

Case Details

Case Name: Greene v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 23, 1981

Citations: 403 So. 2d 1126; 1981 Fla. App. LEXIS 21177; No. 79-1129/T4-566

Docket Number: No. 79-1129/T4-566

Court Abbreviation: Fla. Dist. Ct. App.