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418 So. 2d 1055

Terry v. State

District Court of Appeal of Florida · decided 1982-07-28

Relies on 382 So. 2d 673 - Meeks v. State · 397 So. 2d 1040 - Terry v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-07-28

How this case has been cited

Cited by 22 later decisions — most recently June 2011

22 state decisions

1101982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAUKSCH, Judge.

¶1In this appeal from a denial of a motion for post conviction relief filed under Florida Rule of Criminal Procedure 3.850, the appellant alleges insufficiency of the evidence to convict for attempted armed robbery and kidnapping. Both of these allegations were raised on direct appeal wherein it was found that the conviction was supported by substantial, competent evidence. Terry v. State, 397 So.2d 1040 (Fla. 5th DCA 1981).

¶2As to the allegation of ineffective counsel, appellant has failed to make a prima facie case showing that his counsel failed to render reasonably effective assistance of counsel to his prejudice as required by Meeks v. State, 382 So.2d 673 (Fla.1980).

¶3Regarding the allegation that the trial court erred in failing to instruct the jury to disregard statements made by a state witness, this matter was reviewed on direct appeal and affirmed. Terry v. State.

¶4In full consideration and review of appellant’s motion, this court finds appellant’s motion, records and files conclusively refute those claims of the appellant which could constitute grounds for relief, and therefore, the appellant’s Motion to Vacate and Set Aside Sentence or to Correct Sentence should be denied and the trial court’s Order should be

¶5AFFIRMED.

ORFINGER, C.J., and COBB, J., concur.
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