Pitts v. State, 421 So. 2d 791

JOANOS, Judge.

In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant sought to challenge the effectiveness of assistance of counsel and the extent of the inquiry into his sanity. The motion was properly denied summarily as to these issues, because it consisted of mere concluso-ry allegations lacking adequate statements of factual support.

The issue of improper prosecutorial comment, also stated in mere conclusory terms, could have been raised on direct appeal and will not be reviewed in this collateral proceeding. See Adams v. State, 380 So.2d 423 (Fla.1980).

AFFIRMED.

SHAW and WIGGINTON, JJ., concur.

Case Details

Case Name: Pitts v. State

Court Name: District Court of Appeal of Florida

Date Published: Nov 16, 1982

Citations: 421 So. 2d 791; 1982 Fla. App. LEXIS 21613; No. AN-302

Docket Number: No. AN-302

Court Abbreviation: Fla. Dist. Ct. App.