Thomas v. State

Full title: ERNEST THOMAS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 4, 1981

402 So. 2d 18 (Fla. Dist. Ct. App. 1981)

Opinion

No. 81-1225.

June 30, 1981. Rehearing Denied September 4, 1981.

Appeal from Circuit Court, Dade County; Arthur I. Snyder, Judge.

Ernest Thomas, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

Petitioner, pursuant to Fla.R.App.P. 9.140(g), appeals from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850. This is the second time this case has been before this court on appeal from a denial of motion to vacate pursuant to Fla.R.Crim.P. 3.850.¹ The argument raises five points on appeal; they are all basically a reargument of the first appeal and are hereby summarily denied on the authority of Doerr v. State, 275 So.2d 592 (Fla. 4th DCA 1973); Clements v. State, 310 So.2d 420 (Fla. 3d DCA 1975); Neal v. State, 349 So.2d 844 (Fla. 2d DCA 1977).

1 See: Thomas v. State, 390 So.2d 104 (Fla. 3d DCA 1980).

Affirmed.