Salmeron v. State

District Court of Appeal of Florida

Salmeron v. State

84 So. 3d 402, 2012 WL 1020006, 2012 Fla. App. LEXIS 4871

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 2012

Docket4D10-1664

StatusPublished

This text of 84 So. 3d 402 (Salmeron 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

Salmeron v. State, 84 So. 3d 402, 2012 WL 1020006, 2012 Fla. App. LEXIS 4871 (Fla. Ct. App. 2012).

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Opinion

*403 PER CURIAM.

Juan Salmerón appeals the trial court’s order summarily denying his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Salmerón raised five grounds in his motion, which the trial court denied for the reasons contained in the State’s response, inclusive of all attachments. We affirm as to all claims and write only to address an issue raised in Salmeron’s initial brief. While Salmerón is correct that the State’s response failed to address his fourth claim — regarding the trial court’s alleged failure to orally adjudicate the defendant guilty of all counts — this claim is conclusively refuted by portions of the record attached to the State’s response and incorporated into the order denying postconviction relief. We therefore affirm.

STEVENSON, GROSS and TAYLOR, JJ., concur.

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*403 PER CURIAM.

Juan Salmerón appeals the trial court’s order summarily denying his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Salmerón raised five grounds in his motion, which the trial court denied for the reasons contained in the State’s response, inclusive of all attachments. We affirm as to all claims and write only to address an issue raised in Salmeron’s initial brief. While Salmerón is correct that the State’s response failed to address his fourth claim — regarding the trial court’s alleged failure to orally adjudicate the defendant guilty of all counts — this claim is conclusively refuted by portions of the record attached to the State’s response and incorporated into the order denying postconviction relief. We therefore affirm.

STEVENSON, GROSS and TAYLOR, JJ., concur.

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Bluebook (online)

84 So. 3d 402, 2012 WL 1020006, 2012 Fla. App. LEXIS 4871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salmeron-v-state-fladistctapp-2012.