Gard v. State

District Court of Appeal of Florida

Gard v. State

805 So. 2d 954, 2001 Fla. App. LEXIS 16271, 2001 WL 1445831

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 2001

DocketNo. 2D01-3294

StatusPublished

This text of 805 So. 2d 954 (Gard v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gard v. State, 805 So. 2d 954, 2001 Fla. App. LEXIS 16271, 2001 WL 1445831 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Richard E. Gard appeals the summary denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. We affirm because Gard’s barely intelligible motion is facially insufficient. If, as Gard asserts in his motion for rehearing, he was attempting to withdraw his plea pursuant to Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000), the motion was timely. This affir-mance is therefore without prejudice to Gard’s right to file a facially sufficient motion seeking that relief.

Affirmed.

FULMER, A.C.J., and GREEN and SILBERMAN, JJ„ concur.

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PER CURIAM.

Richard E. Gard appeals the summary denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. We affirm because Gard’s barely intelligible motion is facially insufficient. If, as Gard asserts in his motion for rehearing, he was attempting to withdraw his plea pursuant to Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000), the motion was timely. This affir-mance is therefore without prejudice to Gard’s right to file a facially sufficient motion seeking that relief.

Affirmed.

FULMER, A.C.J., and GREEN and SILBERMAN, JJ„ concur.

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805 So. 2d 954, 2001 Fla. App. LEXIS 16271, 2001 WL 1445831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gard-v-state-fladistctapp-2001.

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