Garcia v. State

Full title: ARSENIO GARCIA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 1, 1983

439 So. 2d 1038 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-2438.

November 1, 1983.

Appeal under Fla.R.App.P. 9.140(g) from Circuit Court, Dade County; Edward N. Moore, Judge.

Arsenio Garcia, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before HENDRY, BARKDULL and FERGUSON, JJ.

PER CURIAM.

Appellant, 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 and this court having considered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. See Messer v. State, 439 So.2d 875 (Fla. 1983); Palmes v. State, 425 So.2d 4 (Fla. 1983); Thompson v. State, 410 So.2d 500 (Fla. 1982).

FERGUSON, Judge (concurring).

It cannot be determined from the motion or the scant record provided whether an appeal was taken from the conviction and sentence. Nevertheless, the issue presented is one which should have been raised on a direct appeal. For this reason I concur in the result.