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Crump v. State

District Court of Appeal of Florida, Fourth District
Apr 14, 1982
412 So. 2d 441 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1545.

April 14, 1982.

Appeal from the Circuit Court, Broward County, Stanton S. Kaplan, J.

Eddie W. Crump, pro se.

No appearance required of appellee.


A jury convicted appellant, Eddie W. Crump, of burglary; and he was sentenced to fifteen years imprisonment. After this court affirmed Crump's conviction in Crump v. State, No. 78-2066 (Fla.4th DCA May 14, 1980), he filed a pro se motion pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion without holding an evidentiary hearing, attaching pertinent parts of the record or files, or specifically delineating the issues for this court. Crump appeals.

See Committee Note, 34 Fla. Stat. Ann. 133 (Supp. 1982).

In his motion Crump alleged fifteen errors and all but one "were or could have been raised on direct appeal and therefore are foreclosed in this proceeding for collateral review. Adams v. State, 380 So.2d 423 (Fla. 1980); Henry v. State, 377 So.2d 692 (Fla. 1979); Sullivan v. State, 372 So.2d 938 (Fla. 1979)." Meeks v. State, 382 So.2d 673, 675 (Fla. 1980). Although the remaining allegation, ineffective assistance of counsel at trial and on appeal, is subject to our review, it is legally insufficient under Knight v. State, 394 So.2d 997 (Fla. 1981). Since we affirm on matters of law, there is no need to remand for the attachments of files or records as required by Rule 3.850. Edwards v. State, 364 So.2d 119 (Fla.1st DCA 1978).

Jones v. State, 384 So.2d 736, 737 (Fla.4th DCA 1980).

AFFIRMED.

LETTS, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.


Summaries of

Crump v. State

District Court of Appeal of Florida, Fourth District
Apr 14, 1982
412 So. 2d 441 (Fla. Dist. Ct. App. 1982)
Case details for

Crump v. State

Case Details

Full title:EDDIE W. CRUMP, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 14, 1982

Citations

412 So. 2d 441 (Fla. Dist. Ct. App. 1982)

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