Lee v. State

District Court of Appeal of Florida

Lee v. State

836 So. 2d 1127, 2003 Fla. App. LEXIS 1390, 2003 WL 289429

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 2003

DocketNo. 3D02-1480

StatusPublished

This text of 836 So. 2d 1127 (Lee 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.

Bluebook

Lee v. State, 836 So. 2d 1127, 2003 Fla. App. LEXIS 1390, 2003 WL 289429 (Fla. Ct. App. 2003).

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Opinion

[1128]*1128ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The opinion filed November 6, 2002, is withdrawn, and the following is substituted in its place.

Defendant appeals from the denial of his motion for postconviction relief. Contrary to the trial court’s conclusion, the motion is timely pursuant to Wood v. State, 750 So.2d 592 (Fla.1999). However, the trial court correctly denied the motion on the merits, as defendant faile'd to establish prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Moreover, the record establishes that there was a factual basis for defendant’s plea, and that defendant, through counsel, stipulated to that factual basis.

AFFIRMED.

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[1128]*1128ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The opinion filed November 6, 2002, is withdrawn, and the following is substituted in its place.

Defendant appeals from the denial of his motion for postconviction relief. Contrary to the trial court’s conclusion, the motion is timely pursuant to Wood v. State, 750 So.2d 592 (Fla.1999). However, the trial court correctly denied the motion on the merits, as defendant faile'd to establish prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Moreover, the record establishes that there was a factual basis for defendant’s plea, and that defendant, through counsel, stipulated to that factual basis.

AFFIRMED.

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Bluebook (online)

836 So. 2d 1127, 2003 Fla. App. LEXIS 1390, 2003 WL 289429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-state-fladistctapp-2003.

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