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Pitts v. StatePitts v. State

District Court of Appeal of Florida
Mar 3, 1978
II-203
Versions:355 So. 2d 505

PER CURIAM.

Appellant seeks review of the order denying his Motion to Vacate Judgment and Sentence filed pursuant to Fla.R.Crim.P. 3.850. We find no error and therefore affirm.

The appellant was convicted of robbery and sentenced to forty (40) years imprisonment on December 3, 1969. The appellant has previously taken a full appeal from this judgment and sentence. Pitts v. State, 244 So.2d 515 (Fla. 1st DCA 1970). The issue raised in the appellant‘s Motion to Vacate was previously raised and considered on direct appeal. Therefore, such issue may not be considered as grounds for post-conviction relief. Gore v. State, 260 So.2d 218 (Fla. 1st DCA 1972). The order appealed from is AFFIRMED.

McCORD, C.J., and BOYER and MELVIN, JJ., concur.

Case Details

Case Name: Pitts v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 3, 1978
Citations: 355 So. 2d 505; II-203
Docket Number: II-203
Court Abbreviation: Fla. Dist. Ct. App.
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