MORGAN v. STATE

No. 82-2381.

471 So.2d 1336 (1985)

Stanley MORGAN a/K/a Frank Holidaye, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 25, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before NESBITT and DANIEL S. PEARSON, JJ. and DELL, JOHN W., Associate Judge.


NESBITT, Judge.

Morgan appeals the denial of his motion for relief from conviction for first-degree murder made pursuant to Florida Rule of Criminal Procedure 3.850.

In Morgan v. State, 414 So.2d 233 (Fla. 3d DCA 1982), this court reversed a summary denial of Morgan's 3.850 motion and remanded for a hearing. The appellant misconstrues that mandate in arguing that it established Morgan's right to a new trial by law...

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