¶1Epps seeks review of the summary denial of his motion to vacate, set aside, or correct sentence. Epps contends he was improperly sentenced as an habitual felony offender under Section 775.084, Florida Statutes (1975). The trial court attached to its order denying the motion the assignments of error filed in Epps direct appeal, Epps v. State, 354 So.2d 441 (Fla. 1st DCA 1978). The assignments of error reflect that this matter was raised as error therein. Accordingly, this matter does not set forth a proper ground for post-conviction relief. Pitts v. State, 355 So.2d 505 (Fla. 1st DCA 1978). The trial court correctly denied Epps’ motion without an evidentiary hearing.
365 So. 2d 179
Epps v. State
District Court of Appeal of Florida
Decided November 21, 1978
District Court of Appeal of Florida · decided 1978-11-21
Cited by 5 later decisions — most recently December 1982
5 state decisions
Relies on Epps v. State · Pitts v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1978-11-21
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