Legal Opinion

McCall v. State

District Court of Appeal of Florida

Decided August 28, 1979No. NN-57PublishedCited by 1 opinion

1Per curiam

McCall appeals the summary denial of his 3.850 motion to vacate a judgment and sentence of armed robbery. However, each ground raised could have been or should have been raised on direct appeal. Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977). Further, several of the grounds presented in the motion have been previously raised in prior motions to vacate filed by the appellant. The trial court is not required to entertain successive motions for relief which are based on similar grounds. Fla.R. Crim.P. 3.850.

AFFIRMED.

ERVIN, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.

2Cases cited1 opinion

  1. Ashley v. StateDistrict Court of Appeal of Florida · 1977

3Cited by1 opinion

  1. WALTER TAFT BRADSHAW, ETC. v. BedsoleDistrict Court of Appeal of Florida · 1979