Franco v. State

District Court of Appeal of Florida

Franco v. State

874 So. 2d 669, 2004 Fla. App. LEXIS 6605, 2004 WL 1057780

Procedural entryThis page is a short order in Franco v. State. Read the opinion of the Court — 901 So. 2d 901 →

District Court of Appeal of Florida·Decided May 12, 2004·No. No. 4D03-2291·Published

Opinion

PER CURIAM.

Victor Franco appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post conviction re[670]*670lief. Franco alleged numerous claims of ineffective assistance of counsel. The state expressed “grave doubts” in the response below regarding the timeliness of the motion. Fla. R.Crim. P. 3.850(b).

We also seriously question the timeliness of the motion. Even assuming that the motion was timely, however, summary denial was proper as the claims are either legally insufficient or conclusively refuted by the record. McLin v. State, 827 So.2d 948, 954 (Fla.2002).

POLEN, STEVENSON and MAY, JJ„ concur.

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PER CURIAM.

Victor Franco appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post conviction re[670]*670lief. Franco alleged numerous claims of ineffective assistance of counsel. The state expressed “grave doubts” in the response below regarding the timeliness of the motion. Fla. R.Crim. P. 3.850(b).

We also seriously question the timeliness of the motion. Even assuming that the motion was timely, however, summary denial was proper as the claims are either legally insufficient or conclusively refuted by the record. McLin v. State, 827 So.2d 948, 954 (Fla.2002).

POLEN, STEVENSON and MAY, JJ„ concur.

Franco v. State, 874 So. 2d 669, 2004 Fla. App. LEXIS 6605, 2004 WL 1057780 (Fla. Ct. App. 2004).

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