Greene v. State

Full title: DAVID GREENE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 23, 1981

403 So. 2d 1126 (Fla. Dist. Ct. App. 1981)

Opinion

No. 79-1129/T4-566.

September 23, 1981.

Appeal from Circuit Court, Brevard County; Volie A. Williams, Jr., Judge.

Richard L. Jorandby, Public Defender, and Robert C. Fallon, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

The judgment and sentence are affirmed without prejudice to appellant's right to seek compliance with section 39.111(6)(c), 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.

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.