Newman v. State

Full title: ARTHUR M. NEWMAN, III, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 17, 1980

385 So. 2d 1105 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-462.

June 18, 1980. Rehearings Denied July 17, 1980.

Rule 3.850 Appeal from Circuit Court, Volusia County; R. Michael Hutcheson, Judge.

Arthur M. Newman, III, Lowell, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Horace Smith, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The order of the trial court denying the petitioner's motion and petition for relief under Rule 3.850 Florida Rules of Criminal Procedure is affirmed. Tillman v. State, 366 So.2d 1259 (Fla. 1st DCA 1979); Clements v. State, 340 So.2d 1182 (Fla. 4th DCA 1976).

This denial of relief is without prejudice to refile an adequate motion and petition.

DAUKSCH, C.J., and FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.