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363 So. 2d 410

Docket No. JJ-449.

Capo v. State

Charles Anthony CAPO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 19, 1978.

District Court of Appeal of Florida · decided 1978-10-19

Cited by 4 later decisions — most recently January 1981

4 state decisions

Relies on F. K. G. Co. v. Keys Bottled Gas Co. · Cappetta v. Wainwright · Crespo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-19

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¶1Charles Anthony Capo, in pro. per., for appellant.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4Appellant seeks review of the summary denial of his motion to vacate, set aside or *411 correct the judgment of conviction for battery of a law enforcement officer (Fla.R. Crim.P. 3.850). We agree with the trial court's conclusion that the allegations in the motion were insufficient to entitle appellant to an evidentiary hearing. Appellant's assertion that he was entitled to relief because of the alleged incompetency of his privately retained counsel is without merit. Such contention does not set forth a ground for post-conviction relief. See Cappetta v. Wainwright,203 So.2d 609 (Fla. 1967); Harden v. State,352 So.2d 576 (Fla. 1st DCA 1977); Crespo v. State,339 So.2d 697 (Fla. 3d DCA 1976). Similarly, appellant's contention that the trial judge was biased against him was insufficient to require an evidentiary hearing. See Wilson v. Renfroe,91 So.2d 857 (Fla. 1956). Accordingly, the order appealed from is AFFIRMED.

¶5SMITH, Acting C.J., ERVIN, J. and MASON, ERNEST E., Associate Judge, concur.

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