Ortega-Lozano v. State

District Court of Appeal of Florida

Ortega-Lozano v. State

920 So. 2d 809, 2006 Fla. App. LEXIS 2027, 2006 WL 358657

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 2006

DocketNo. 2D05-1275

StatusPublished

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Ortega-Lozano v. State, 920 So. 2d 809, 2006 Fla. App. LEXIS 2027, 2006 WL 358657 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Jorge Ortega-Lozano challenges the trial court’s order summarily denying, as untimely, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Ortega-Lozano’s motion was timely filed, see Chagoya v. State, 817 So.2d 1039 (Fla. 2d DCA 2002), we affirm the denial order because Ortega-Lozano cannot demonstrate prejudice.

See Pena v. State, 837 So.2d 495 (Fla. 1st DCA 2003); Prieto v. State, 824 So.2d 924 (Fla. 3d DCA 2002).

Affirmed.

CASANUEVA, SALCINES, and VILLANTI, JJ., Concur.

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