BRYANT v. STATE

No. 3D07-339.

971 So.2d 818 (2007)

Bobby Allen BRYANT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 2, 2008.


Attorney(s) appearing for the Case

Bobby A. Bryant, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before COPE and WELLS, JJ., and SCHWARTZ, Senior Judge.


Rehearing and Rehearing En Banc Denied January 2, 2008.

COPE, J.

Bobby Allen Bryant filed a motion under Florida Rule of Civil Procedure 1.540, seeking to attack his conviction and sentence for first degree murder committed in 1968. The trial court denied the motion, and defendant-appellant Bryant has appealed.

The defendant was incorrect to file a motion under Rule 1.540. The Florida Supreme Court has said, "[B]y its own terms, Rule 1.540 applies...

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