Slattery v. State

Full title: EDDIE SLATTERY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 3, 1995

654 So. 2d 286 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1500.

May 3, 1995.

An Appeal from the Circuit Court for Dade County; Alan L. Postman, Judge.

Eddie Slattery, in pro. per.

Robert A. Butterworth, Atty. Gen., and Keith S. Kromash, Asst. Atty. Gen., for appellee.

Before JORGENSON, COPE and GODERICH, JJ.

PER CURIAM.

AFFIRMED. Simmons v. State, 579 So.2d 874 (Fla. 1st DCA 1991) (only procedures by which to withdraw guilty plea are Fla.R.Crim. P. 3.170(f), which "must be invoked prior to sentencing," and Fla. R.Crim.P. 3.850); State v. Salmon, 636 So.2d 16 (Fla. 1994) (allegations that were or could have been made in previous postconviction motions do not constitute basis for granting later motion); Elkins v. State, 555 So.2d 441 (Fla. 3d DCA 1990) (trial court properly denied successive motion for postconviction relief where claims raised were known to defendant when prior motion filed).