Greene v. State

Decided September 23, 1981

District Court of Appeal of Florida · decided 1981-09-23

Cited by 2 later decisions — most recently November 1984

2 state decisions

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · 400 So. 2d 838 - Dunman v. State · 401 So. 2d 894 - Rubasky v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-09-23

View the full empirical analysis of this case →

COWART, Judge.

¶1The judgment and sentence are affirmed without prejudice to appellant’s right to seek compliance with section 39.111(6)(e), Florida Statutes (1979), in the trial court. See Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So.2d 838 (Fla. 5th DCA 1981).

¶2AFFIRMED.

ORFINGER, J., concurs. DAUKSCH, C. J., concurs specially with opinion. DAUKSCH, Chief Justice,

¶3concurring specially:

¶4I agree with the opinion of the majority and say the appellant may make application to the trial court for the requisite relief not only under the Chapter 39 provision but under the Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981), decision. Florida Rule of Criminal Procedure 3.850 provides for such relief.