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Osborne v. State

District Court of Appeal of Florida, First District
Jul 28, 1978
360 So. 2d 461 (Fla. Dist. Ct. App. 1978)

Opinion

No. II-476.

June 30, 1978. Rehearing Denied July 28, 1978.

Appeal from Bay County, Circuit Court; Larry D. Smith, Judge.

Norman Gene Osborne, in pro per.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Tallahassee, for appellee.


On this appeal from the trial court's denial of appellant's Rule 3.850 motion, we have examined the record of appellant's prior appeal, which was appropriately considered by Anders standards, and we have considered all of appellant's contentions on this appeal. In some respects the Rule 3.850 motion is deficient because its allegations are in conclusory terms only; in other respects the motion seeks to raise matters that could and should have been raised, if meritorious, on direct appeal. The trial court correctly denied the motion without an evidentiary hearing. Francis v. Henderson, 425 U.S. 536, 96 S.Ct. 1708, 48 L.Ed.2d 149 (1976).

AFFIRMED.

BOYER, Acting C.J., and SMITH and BOOTH, JJ., concur.


Summaries of

Osborne v. State

District Court of Appeal of Florida, First District
Jul 28, 1978
360 So. 2d 461 (Fla. Dist. Ct. App. 1978)
Case details for

Osborne v. State

Case Details

Full title:NORMAN GENE OSBORNE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 28, 1978

Citations

360 So. 2d 461 (Fla. Dist. Ct. App. 1978)