McCLUSTER v. STATE

No. 76-1258.

347 So.2d 838 (1977)

Raymond McCluster, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 6, 1977.


Attorney(s) appearing for the Case

Robert M. Leen, Miami, for appellant.

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

Before HENDRY, C.J., and BARKDULL and NATHAN, JJ.


PER CURIAM.

This is an appeal from an order of the trial court denying, without evidentiary hearing, appellant's motion to vacate and set aside judgment of conviction and life sentence which follows a jury verdict of guilty of murder in the second degree.

It is appellant's contention on appeal that the trial court erred in summarily denying appellant's Rule 3.850, F.R.Cr.P., motion to vacate and set aside judgment and sentence without the taking of testimony...

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