Legal Opinion

Harris v. State

District Court of Appeal of Florida

Decided March 1, 2006No. 3D05-2820Published

1Opinion of the Court

ROTHENBERG, Judge.

Jimmy Lee Harris appeals the denial of a rule 3.850(b) motion for postconviction relief. We affirm.

In the defendant’s present 3.850(b) motion, he raises two issues, which are essentially the same issue. First, he contends that there was no evidence at trial which showed that a deadly weapon was used during the commission of the sexual battery. Second, he contends that there was insufficient evidence presented at trial to establish that a deadly weapon was used during the commission of the sexual battery. As we conclude that this issue has been previously raised and rejected…

2Cases cited3 opinions

  1. Downs v. StateSupreme Court of Florida · 1999
  2. Atkins v. StateSupreme Court of Florida · 1995
  3. Harris v. StateDistrict Court of Appeal of Florida · 2005

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