Opinion
No. 79-2098.
December 28, 1979.
Appeal from Circuit Court, Dade County; Ellen Morphonios Gable, Judge.
Bennett H. Brummer, Public Defender, and Robert R. Schrank, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.
Before HENDRY, BARKDULL and SCHWARTZ, JJ.
Petitioner pursuant to Fla.R.App.P. 9.140(g) having taken this appeal from the summary denial of his motion for post-conviction relief under Fla.R.Crim.P. 3.850, this court having required response by the State and having considered the record presented and the State's response and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed. See Smith v. State, 375 So.2d 864 (Fla. 3d DCA 1979).
Affirmed.