Greene v. State, 1981 Fla. App. LEXIS 21177

Greene v. State

1981 Fla. App. LEXIS 21177

Fla. Dist. Ct. App.

1981

Check Treatment

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.

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.