LENSON A. HARGRAVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEES
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The court held that issues raised in a motion to vacate sentence were either raised or could have been raised on direct appeal, or involved changes in decisional law not cognizable in such a motion.
Appellant was sentenced to death and his conviction affirmed on direct appeal. He later filed a motion to vacate sentence and a motion for stay of exe…
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PER CURIAM.
Appellant Lenson A. Hargrave brings this appeal to review the trial court’s denial of his motion to vacate sentence under Florida Rule of Criminal Procedure 3.850. Appellant was sentenced to death for first-degree murder on July 18, 1975. His conviction and sentence were affirmed by this Court on direct appeal. Hargrave v. State, 366 So. 2d 1 (Fla.1978), cert. denied, 444 U.S. 919, 100 S.Ct. 239, 62 L.Ed.2d 176 (1979).
Hargrave filed his 3.850 motion to vacate and a motion for stay of execution on September 19, 1980. The trial court denied both motions ore tenus on September 26, 1980, followed by a written order filed on October 10, 1980. The 3.850 motion asserts a multitude of grounds for relief, from constitutional and non-constitutional error in the guilt phase of the trial to alleged fundamental defects in the sentencing process.* The trial court found, and we so hold, that the issues raised by appellant either were or could have been raised on direct appeal, or they involve changes in decisional law not cognizable in a 3.850 motion. See Adams v. State, 380 So. 2d 423 (Fla.1980); Sullivan v. State, 372 So. 2d 938 (Fla.1979); Spenkelink v. State, 350 So. 2d 85 (Fla.), cert, denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977); State v. Matera, 266 So. 2d 661 (Fla. 1972); Witt v. State, 387 So. 2d 922 (Fla. 1980), cert. denied, - U.S. -, 101 S.Ct. 796, 66 L.Ed.2d 612.
Accordingly, the order of the trial court denying 3.850 relief is affirmed, and the motion for stay of execution pending disposition of this appeal is denied.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur. *
On September 23, 1980, Hargrave brought a petition for writ of habeas corpus in this Court, alleging ineffective assistance of appellate counsel due to to counsel’s failure to raise two issues on direct appeal. We denied the petition on September 24, 1980. Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Smith v. State, 400 So. 2d 956 (Fla. 1981)…ellate counsel and alleged improper consideration by us of a psychological report, were matters which were or could have been raised and disposed of on direct appeal and are not proper subject matters for a post-conviction motion. Hargrave v. State, 396 So. 2d 1127 (Fla. 1981); Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, - U.S. -, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980). The trial court, therefore, properly refused to consider these allegations. Ineffective assistance of trial counsel is a proper subject…
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Washington v. State, 397 So. 2d 285 (Fla. 1981)…multitude of oft-repeated constitutional challenges to Florida’s death penalty statute. Many of the issues have been conclusively decided adversely to appellant’s position. The balance are either without merit or have been waived. Hargrave v. State, 396 So. 2d 1127 (Fla.1981); Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, - U.S. -, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980); Meeks v. State, 382 So. 2d 673 (Fla.1980); Adams v. State, 380 So. 2d 423 (Fla.1980); Sullivan v. State, 372 So. 2d 938 (Fla.1979). Acco…
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Ford v. State, 407 So. 2d 907 (Fla. 1981)…t appeal. Accordingly, collateral attack through a Florida Rules of Criminal Procedure 3.850 motion was properly determined by the trial court not to be an appropriate remedy pursuant to this Court’s decisions in Witt v. State and Hargrave v. State, 396 So. 2d 1127 (Fla.1981). See also Wainwright v. Sikes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). The standard by which the effectiveness of counsel is to be measured is whether counsel was reasonably likely to render and rendered reasonably effective a…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- Lenson Hargrave v. State, 366 So. 2d 1 (Fla. 1978)
- State v. Matera, 266 So. 2d 661 (Fla. 1972)
- Adams v. State, 380 So. 2d 423 (Fla. 1980)
- Spenkelink v. State, 350 So. 2d 85 (Fla. 1977)
- Sherrill v. Jago, 444 U.S. 919 (U.S. 1979)
- Smith v. Perini, 444 U.S. 919 (U.S. 1979)
- Sullivan v. State, 372 So. 2d 938 (Fla. 1979)
- Lenson A. Hargrave v. Louie L. Wainwright, 388 So. 2d 1021 (Fla. 1980)
- Jeffries v. United States, 434 U.S. 960 (U.S. 1977)