Stewart v. State

Full title: GARY WAYNE STEWART, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 17, 1980

390 So. 2d 405 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-1640.

November 5, 1980. Rehearing Denied December 17, 1980.

Rule 3.850 Appeal from Circuit Court, Broward County; M. Daniel Futch, Jr., Judge.

Jeffery Garmel, of Florida Institutional Legal Services, Inc., Gainesville, for appellant.

No appearance on behalf of appellee.¹

1 This appeal is pursuant to Rule 9.140(g) of the 1977 Rules of Appellate Procedure. This Court has not requested a response from the State.

PER CURIAM.

AFFIRMED on the authority of Wheeler v. State, 344 So.2d 244 (Fla. 1977), cert. denied, 440 U.S. 924, 99 S.Ct. 1254, 59 L.Ed.2d 478 (1979). The appellant's motion to file a brief concerning the retroactivity of Roberts v. State, 335 So.2d 285 (Fla. 1976), is denied, but this Court has considered the memorandum accompanying the motion for leave to submit brief which deals with this issue. The denial of defendant's 3.850 motion in the trial court is hereby affirmed.

AFFIRMED.

DOWNEY, BERANEK and GLICKSTEIN, JJ., concur.