Jesse Alberto Loor v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 8, 2025
• Docket: 3D2024-1129
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-1129 Lower Tribunal No. F10-27774 ________________

Jesse Alberto Loor, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

W. Charles Fletcher (Jacksonville), for appellant.

James Uthmeier, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before MILLER, GORDO and GOODEN, JJ.

GORDO, J. Jesse Alberto Loor (“Loor”) appeals the summary denial of his Rule

3.850 motion for post-conviction relief based on ineffective assistance of

counsel. We have jurisdiction. Fla. R. App. P. 9.140(b)(1)(D). Because

Loor’s claims were either legally insufficient or conclusively refuted by the

record, we affirm. See Maxwell v. State, 937 So. 2d 216, 216 (Fla. 3d DCA

2006) (“The defendant appeals the trial court’s summary denial of his motion

for post conviction relief alleging ineffective assistance of trial counsel. The

defendant’s claims are legally insufficient and conclusively refuted by the

record.”); Franqui v. State, 59 So. 3d 82, 96 (Fla. 2011) (recognizing that

“mere conclusory allegations” are insufficient to state a claim under rule

3.850); Rodriguez v. State, 219 So. 3d 751, 756 (Fla. 2017) (“We affirm the

summary denial below because Rodriguez’s claims are conclusively refuted

by the record.”).

Affirmed.