CLIFFORD WILLIAMS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1982-10-19
No. AN-128
ERVIN and WIGGINTON, JJ., concur.
421 So. 2d 26 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 2 cases

Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Williams appeals the trial court’s summary denial of his motion for post-conviction relief. We affirm.

The first two issues raised by Williams were previously raised on direct appeal and cannot form the basis for collateral attack. Williams v. State, 386 So. 2d 538 (Fla.1980). The third issue is without merit because newly discovered evidence may not be raised in a Rule 3.850 motion, but may only be raised by petition for writ of coram nobis to the appellate court which originally affirmed the conviction. Hallman v. State, 371 So. 2d 482 (Fla.1979).

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.


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  • Gilliam v. State, 493 So. 2d 56 (Fla. 1st DCA 1986)
    …vidence. The appropriate remedy is by petition for writ of error coram nobis filed in the appellate court which previously entertained the direct appeal from the defendant’s conviction. Hallman v. State, 371 So. 2d 482 (Fla.1979); Williams v. State, 421 So. 2d 26 (Fla. 1st DCA 1982). Although the trial court was without jurisdiction to entertain the defendant’s motion we, as the appellate tribunal which per curiam affirmed the defendant’s judgment and sentence, Gilliam v. State, 426 So. 2d 30 (Fla. 1st DCA 1…

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