Handley v. State

District Court of Appeal of Florida

Handley v. State

877 So. 2d 966, 2004 Fla. App. LEXIS 11344, 2004 WL 1698193

Procedural entryThis page is a short order in Handley v. State. Read the opinion of the Court — 890 So. 2d 529 →

District Court of Appeal of Florida·Decided July 30, 2004·No. No. 2D04-121·Published

Opinion

STRINGER, Judge.

Steven Handley appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the order of the trial court denying Handley’s claim. Our affirmance is without prejudice for Handley to file a timely, facially sufficient rule 3.850 motion to withdraw plea based on a manifest injustice. See Bradford v. State, 869 So.2d 28 (Fla. 2d DCA 2004). Any such motion will not be considered successive.

Affirmed.

SALCINES and KELLY, JJ., Concur.

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STRINGER, Judge.

Steven Handley appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the order of the trial court denying Handley’s claim. Our affirmance is without prejudice for Handley to file a timely, facially sufficient rule 3.850 motion to withdraw plea based on a manifest injustice. See Bradford v. State, 869 So.2d 28 (Fla. 2d DCA 2004). Any such motion will not be considered successive.

Affirmed.

SALCINES and KELLY, JJ., Concur.

Handley v. State, 877 So. 2d 966, 2004 Fla. App. LEXIS 11344, 2004 WL 1698193 (Fla. Ct. App. 2004).

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Opinion

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