Tyner v. State, KK-419

• Decision Date: 06 November 1978
• Docket Number: No. KK-419,KK-419
• Citation: 363 So.2d 1165
• Parties: Bradford TYNER, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1165

363 So.2d 1165

Bradford TYNER, Appellant, v. STATE of Florida, Appellee.

No. KK-419.

District Court of Appeal of Florida, First District.

Nov. 6, 1978.

Bradford Tyner, in pro. per.

No appearance for appellee.

PER CURIAM.

Appeal from a denial of a motion to vacate a judgment and sentence, pursuant to Rule 3.850, Fla.R.Crim.P. Appellant contends that a substitute judge sentenced him without becoming familiar with the case and that, therefore, the sentence is invalid.

This issue could have been raised on direct appeal and, thus, cannot be raised with a motion to vacate or set aside a judgment and conviction. Von Eberstein v. State, 270 So.2d 444 (Fla. 1st DCA 1972). Accordingly, the order of the trial court is AFFIRMED.

SMITH, Acting C. J., and ERVIN and MELVIN, JJ., concur.