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LEONA v. STATE

No. 74-1563.

313 So.2d 54 (1975)

Walter LEONA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 27, 1975.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Appellant, who was tried by a jury, found guilty, adjudicated and sentenced for the crime of rape in 1955, sought relief by motion to vacate judgment pursuant to CrPR 3.850. The trial judge denied the motion after an evidentiary hearing. This appeal is from that order. We affirm the finding of the trial judge. See Buchanan v. State, 97 Fla. 1059, 122 So. 704 (1929), and cf. Robertson v. State, 64 Fla. 437, 60 So. 118 (1912).

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