Bethune v. State

Decided June 4, 1986

District Court of Appeal of Florida · decided 1986-06-04

Cited by 41 later decisions — most recently July 1990 · most notably 519 So. 2d 618 - Mays v. State (1988), 528 So. 2d 902 - Shipley v. State (1988)

41 state decisions

Relies on Gebhard v. United States · United States v. Nixon · 13 Mass. App. Ct. 391 - Commonwealth v. Gurney

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-04

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PER CURIAM.

¶1In appellant’s motion for post-conviction relief, he contends that he was improperly convicted of two counts of perjury arising out of one episode of testifying at trial. Even if this could be reached by a motion for post-conviction relief, appellant’s position could not be sustained because he told two “separate and distinct lies” and the “proof of each falsehood required the establishment of different facts.” United States v. Nixon, 634 F.2d 306, 313 (5th Cir.1981). See also Gebhard v. United States, 422 F.2d 281 (9th Cir. 1970); Commonwealth v. Gurney, 13 Mass.App.Ct. 391, 433 N.E.2d 471 (1982).

¶2Affirmed.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.