NORRIS EPPS, A/K/A "GOLDIE", APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Epps 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.
BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.
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Adams v. Adams, 423 So. 2d 596 (Fla. 3d DCA 1982)…ord, Burgdorf v. Burgdorf, 372 So. 2d 988 (Fla. 2d DCA 1979), cert. dism., 392 So. 2d 1372 (Fla.1980) (containing identical language); Hoffman v. Hoffman, 135 So. 2d 747 (Fla. 3d DCA 1961) (Carroll, J., dissenting);3 see Langlois v. Langlois, [*598] 365 So. 2d 179 (Fla. 3d DCA 1978);4 but see Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977). As Judge Carroll’s opinion in Hoffman points out,5 the present issue is conceptually indistinguishable from one in which it is claimed that changed circumstanc…
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Genter v. State, 377 So. 2d 834 (Fla. 3d DCA 1979)…a. 2d DCA 1977); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978); Pitts v. Turner, 362 So. 2d 134 (Fla. 4th DCA 1978); Edwards v. State, 364 So. 2d 119 (Fla. 1st DCA 1978); Epps v. State, 365 So. 2d 179 (Fla. 1st DCA 1978); Rule 3.850 R.Cr.P.…
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Renaldo Jones v. State, 387 So. 2d 401 (Fla. 5th DCA 1980)…en [*403] tence hearing transcript reveals objection by the defense to the enhancement procedure. The adequacy of the trial court findings and the propriety of an enhanced sentence, therefore, are properly raised by direct appeal. See Epps v. State, 365 So. 2d 179 (Fla.1st DCA 1978). It is the position of the appellant that the trial court merely incanted the words of the statute, but failed to recite specific factual findings to support the conclusion as is necessary for appellate review. Fry v. State, 359…
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- Norris Epps v. State, 354 So. 2d 441 (Fla. 1st DCA 1978)
- Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978)