Edwards v. State

Appeal from the summary denial of a motion to vacate and set aside sentence, Rule 3.850, Fla.R.Crim.P. A. W. Edwards contends that he was convicted of a crime not charged in the information. The trial court denied the motion on the grounds that the issue should have been raised on direct appeal, that the motion stated only mere assertions and conclusions, and that the records and files refute the claims. We affirm.

Edwards could have raised the issue on direct appeal. Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977). He did have the benefit of appellate review and his conviction was affirmed…