GARY BERNARD WOOLBRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY BERNARD WOOLBRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
362 So. 2d 464
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court did not err in finding that appellant’s motion to vacate, set aside or correct sentence did not substantially comply with Rule 3.850, Florida Rules of Criminal Procedure. Swain v. State, 355 So. 865 (Fla. 1st D.C.A. 1978). The order appealed is affirmed without prejudice to appellant’s rights to file a proper motion.
McCORD, C. J., and BOYER and MILLS, JJ., concur.
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State v. Thomas, 362 So. 2d 1348 (Fla. 1978)…la.1978); Lomax v. State, 345 So. 2d 719 (Fla.1977); Saunders v. State, 341 So. 2d 773 (Fla.1977); Adams v. State, 341 So. 2d 765 (Fla.1977); Gil-ford v. State, 313 So. 2d 729 (Fla.1975); Bailey v. State, 224 So. 2d 296 (Fla. 1969); Battle v. State, 362 So. 2d 464 (Fla. 4th DCA 1978); Thomas v. State, 351 So. 2d 77 (Fla. 4th DCA 1977); Bryant v. State, 334 So. 2d 160 (Fla. 2d DCA 1976); Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976); Lightfoot v. State, 331 So. 2d 388 (Fla. 2d DCA 1976); Parker v. Sta…
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Angelia Hudson v. State, 364 So. 2d 501 (Fla. 4th DCA 1978)…ourt also failed to instruct the jury on petit larceny. Consistent with our decision in Moore v. State, 352 So. 2d 529 (Fla. 4th DCA 1977) we find this failure to be reversible error. However, in keeping with the majority opinion in Battle v. State, 362 So. 2d 464 (Fla. 4th DCA, opinion issued June 6, 1978, rehearing granted September 13, 1978) we certify the following question to the Supreme Court as one of great public interest: IS PETIT LARCENY NECESSARILY A LESSER INCLUDED OFFENSE OF GRAND LARCENY? Acco…