Legal Opinion

Newton v. State

District Court of Appeal of Florida

Decided June 17, 1988No. 88-1080PublishedCited by 9 opinions

1Opinion of the Court

527 So.2d 876 (1988)

John R. NEWTON, Appellant,

v.

STATE of Florida, Appellee.

No. 88-1080.

District Court of Appeal of Florida, Second District.

June 17, 1988.

2Per curiam

John R. Newton appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one allegation in Newton's motion, ineffective assistance of trial counsel for failure to request a jury instruction on a necessarily lesser included offense, is facially sufficient. See Wilcott v. State, 509 So.2d 261 (Fla. 1987); Spaziano v. State, 522 So.2d 525 (Fla.2d DCA 1988); Bateson v.…

3Cases cited5 opinions

  1. Wilcott v. StateSupreme Court of Florida · 1987
  2. Spaziano v. StateDistrict Court of Appeal of Florida · 1988
  3. Bateson v. StateDistrict Court of Appeal of Florida · 1987
  4. Tessier v. StateDistrict Court of Appeal of Florida · 1985
  5. Hardimon v. StateDistrict Court of Appeal of Florida · 1988

4Cited by9 opinions

  1. Sanders v. StateSupreme Court of Florida · 2006
  2. Sanders v. StateDistrict Court of Appeal of Florida · 2003
  3. Oehling v. StateDistrict Court of Appeal of Florida · 1995
  4. Hill v. StateDistrict Court of Appeal of Florida · 2001
  5. Kennedy v. StateDistrict Court of Appeal of Florida · 1994

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