From Casetext: Smarter Legal Research

Swain v. State

District Court of Appeal of Florida, Third District
May 14, 1991
579 So. 2d 842 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-2145.

May 14, 1991.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Alfonso C. Sepe, Judge.

Michael Swain, in pro. per.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


ON MOTION FOR REHEARING


On appellant's motion for rehearing, we withdraw our previous opinion, and substitute the following:

The order denying appellant's motion for post-conviction relief is affirmed because (a) it is time-barred under Rule 3.850, Florida Rules of Criminal Procedure and (b) its substance was raised in an earlier motion which was denied. Assuming the points were properly considered at this time, appellant's jury separation issue is without merit where, as here, there was no objection to the separation and an admonition was given to the jury. See Pope v. State, 569 So.2d 1241, 1244 (Fla. 1990); Busquet v. State, 498 So.2d 1353, 1356 (Fla. 3d DCA 1986); Ulloa v. State, 486 So.2d 1373, 1376 (Fla. 3d DCA 1986).

Affirmed.


Summaries of

Swain v. State

District Court of Appeal of Florida, Third District
May 14, 1991
579 So. 2d 842 (Fla. Dist. Ct. App. 1991)
Case details for

Swain v. State

Case Details

Full title:MICHAEL SWAIN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 14, 1991

Citations

579 So. 2d 842 (Fla. Dist. Ct. App. 1991)

Citing Cases

Swain v. State

In this motion, the defendant again raised an ineffective assistance of counsel claim regarding jury…

Sanders v. State

In view of our decision to affirm the departure sentence, any such error is immaterial. See Bundy v. State,…