Ashley v. State, FF-364
| Decision Date | 20 October 1977 |
| Docket Number | No. FF-364,FF-364 |
| Citation | 350 So.2d 839 |
| Parties | Clifford ASHLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Clifford Ashley, in pro per.
Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.
Appellant-defendant appeals from an order entered by the trial court denying his motion to vacate pursuant to Florida Rule of Criminal Procedure 3.850. He now complains that his trial counsel was ineffective, that he was denied right to due process, that the information was defective, and that the prosecuting attorney's argument was prejudicial.
Appellant had his direct appeal to this court. Ashley v. State, 341 So.2d 294 (Fla.1st DCA 1976). The record does not demonstrate ineffective trial counsel. At most, the record reflects only a difference in judgment as to proper trial tactics. Fuller v. Wainwright, 238 So.2d 65 (Fla.1970). As to all remaining points, the matters presented to the trial court via Rule 3.850 and now this court could have been raised for consideration in the direct appeal, but appellant did not do so. Appellant may not be permitted to re-hash such matters now. Stallings v. State, 319 So.2d 640 (Fla.1st DCA 1975), and Arline v. State, 303 So.2d 37 (Fla.1st DCA 1974).
Florida Rule of Criminal Procedure 3.850 was not designed or intended to serve as a second appeal vehicle upon which to bring before the trial and appellate courts unfounded charges as to the operation of the judicial process, as has occurred in this and many other cases with which our courts have been burdened. Such attempted abortive use is an ill-graced attempt to pollute the streams of justice. When lead-footed justice has come to the end of its long trail, society has a direct interest that these type unfounded extractions of time-consuming judicial labors shall come to an end.
The judgment appealed is AFFIRMED.
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Ashley v. State
...of Criminal Procedure, which was denied by the circuit court. That order was affirmed by this Court with opinion in Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977), principally on the ground that all matters alleged had been or could have been raised on a direct appeal from the judgment ......
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Walcott v. State
...1st DCA 1978); Pitts v. State, 355 So.2d 505 (Fla. 1st DCA 1978); Burau v. State, 353 So.2d 1183 (Fla. 3d DCA 1978); Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977); Austin v. State, 160 So.2d 730 (Fla. 2d DCA 1964).4 See Green v. State, 450 So.2d 1275 (Fla. 5th DCA 1984).5 See, e.g., Re......
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Morris v. State, 81-2414
...423 (Fla.1980); State v. Pittman, 401 So.2d 934 (Fla. 1st DCA 1981), pet. for review denied, 412 So.2d 469 (Fla.1982); Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977), are appropriately raised by way of Rule 3.850 collateral attack when a direct appeal has been Finally, Morris argues tha......
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Triola v. State, 84-565
...and cases cited therein; Palmes v. State, 425 So.2d 4 (Fla.1983); Alvord v. State, 396 So.2d 184 (Fla.1981); Ashley v. State, 350 So.2d 839 (Fla. 1st DCA 1977). Even though the basis of appellant's collateral attack is alleged to be one of constitutional magnitude, we find that he has waive......