Hargrave v. State, No. 59731

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; SUNDBERG
Citation396 So.2d 1127
Docket NumberNo. 59731
Decision Date02 April 1981
PartiesLenson A. HARGRAVE, Appellant, v. STATE of Florida, Appellees.

Page 1127

396 So.2d 1127
Lenson A. HARGRAVE, Appellant,
v.
STATE of Florida, Appellees.
No. 59731.
Supreme Court of Florida.
April 2, 1981.

Appeal from Circuit Court, Dade County; Gene Williams, Judge, Case No. 75-118A.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Karen M. Gottlieb, Beth C. Weitzner and Robert R. Schrank, Asst. Public Defenders, Miami, for appellant.

Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., Miami, for appellee.

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

Page 1128

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.

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* 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).

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16 practice notes
  • Hargrave v. Wainwright, No. 84-5102
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 3 Noviembre 1986
    ...under Fla.R.Crim.P. 3.850 (1977). 7 This motion was denied, and the Supreme Court of Florida affirmed the denial. Hargrave v. State, 396 So.2d 1127 (Fla.1981) (per curiam). Petitioner filed a second post-conviction motion in the trial court, 8 which also was denied. The Supreme Court of Flo......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 15 Abril 1982
    ...consideration of the issue on a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Hargrave v. State, 396 So.2d 1127 (Fla.1981). Accordingly, the state courts refused to consider this contention concerning the In Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 7 Enero 1983
    ...consideration of the issue on a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Hargrave v. State, 396 So.2d 1127 (Fla.1981). Accordingly, the state courts refused to consider Ford's contention in the collateral proceeding concerning the In Fay v. Noia, 372......
  • Darden v. Wainwright, No. 81-5590
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 22 Febrero 1984
    ...failure to bring it on appeal. In either case, the state courts generally will not hear the claim further. See, e.g., Hargrave v. State, 396 So.2d 1127 (Fla.1981); Fla.R.Crim.P. 3.850 (1984). A Florida court will not recognize such a procedurally defaulted claim and grant relief thereon; th......
  • Request a trial to view additional results
16 cases
  • Hargrave v. Wainwright, No. 84-5102
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 3 Noviembre 1986
    ...under Fla.R.Crim.P. 3.850 (1977). 7 This motion was denied, and the Supreme Court of Florida affirmed the denial. Hargrave v. State, 396 So.2d 1127 (Fla.1981) (per curiam). Petitioner filed a second post-conviction motion in the trial court, 8 which also was denied. The Supreme Court of Flo......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 15 Abril 1982
    ...consideration of the issue on a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Hargrave v. State, 396 So.2d 1127 (Fla.1981). Accordingly, the state courts refused to consider this contention concerning the In Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed......
  • Ford v. Strickland, No. 81-6200
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 7 Enero 1983
    ...consideration of the issue on a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Hargrave v. State, 396 So.2d 1127 (Fla.1981). Accordingly, the state courts refused to consider Ford's contention in the collateral proceeding concerning the In Fay v. Noia, 372......
  • Darden v. Wainwright, No. 81-5590
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 22 Febrero 1984
    ...failure to bring it on appeal. In either case, the state courts generally will not hear the claim further. See, e.g., Hargrave v. State, 396 So.2d 1127 (Fla.1981); Fla.R.Crim.P. 3.850 (1984). A Florida court will not recognize such a procedurally defaulted claim and grant relief thereon; th......
  • Request a trial to view additional results

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