Public-domain · open source
OpenJurist

579 So. 2d 842

Docket No. 89-2145.

Swain v. State

Michael SWAIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1991-05-14

Cited by 5 later decisions — most recently June 2005

5 state decisions

Relies on 569 So. 2d 1241 - Pope v. State · 486 So. 2d 1373 - Ulloa v. State · 498 So. 2d 1353 - Busquet v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-05-14

View the full empirical analysis of this case →

¶1Michael Swain, in pro. per.

¶2Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

¶3Before JORGENSON, COPE and GODERICH, JJ.

¶4

ON MOTION FOR REHEARING

¶5PER CURIAM.

¶6On appellant's motion for rehearing, we withdraw our previous opinion, and substitute the following:

¶7The order denying appellant's motion for post-conviction relief is affirmed because (a) it is time-barred under Rule 3.850, Florida Rules of Criminal Procedure and (b) its substance was raised in an earlier motion which was denied. Assuming the points were properly considered at this time, appellant's jury separation issue is without merit where, as here, there was no objection to the separation and an admonition was given to the jury. See Pope v. State,569 So.2d 1241, 1244 (Fla. 1990); Busquet v. State,498 So.2d 1353, 1356 (Fla. 3d DCA 1986); Ulloa v. State,486 So.2d 1373, 1376 (Fla. 3d DCA 1986).

¶8Affirmed.

/579/so2d/842 · .json · Public domain