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Cruz v. State

District Court of Appeal of Florida, Third District
Feb 2, 1982
409 So. 2d 205 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2005.

February 2, 1982.

Appeal from Circuit Court, Dade County; Arthur I. Synder, Judge.

Robert Cruz, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and BASKIN, JJ.


Pursuant to Fla.R.App.P. 9.140(g), the petitioner has appealed from an order which, apart from correctly striking the five years probation which followed his ten year prison sentence, Villery v. Florida Parole Probation Commission, 396 So.2d 1107 (Fla. 1981), summarily denied his motion for post-conviction relief under Fla.R.Crim.P. 3.850. The court has required the state to respond and has considered that response and the record presented. We find that the petitioner's contentions are either frivolous on their face or are completely refuted by the transcript of the colloquy which took place when he pled guilty to the charges in question. Since it therefore conclusively appears that the defendant is entitled to no relief, the order under review is

Affirmed.


Summaries of

Cruz v. State

District Court of Appeal of Florida, Third District
Feb 2, 1982
409 So. 2d 205 (Fla. Dist. Ct. App. 1982)
Case details for

Cruz v. State

Case Details

Full title:ROBERT CRUZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 2, 1982

Citations

409 So. 2d 205 (Fla. Dist. Ct. App. 1982)

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Cruz v. State

Petitioner, Roberto Cruz, pursuant to Florida Rule of Appellate Procedure 9.140(g), having taken this appeal…