Styron v. State

District Court of Appeal of Florida

Styron v. State

729 So. 2d 492, 1999 Fla. App. LEXIS 3836, 1999 WL 164091

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1999

DocketNo. 98-2498

StatusPublished

This text of 729 So. 2d 492 (Styron 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.

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Styron v. State, 729 So. 2d 492, 1999 Fla. App. LEXIS 3836, 1999 WL 164091 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Troy Edward Styron challenges the denial of his motion for post-conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Competent and substantial evidence was adduced at the eviden-tiary hearing held upon remand from this court, see Styron v. State, 693 So.2d 1144 (Fla. 1st DCA 1997), to support the trial court’s finding that trial counsel did not guarantee that an armed robbery conviction would be overturned on appeal. Furthermore, given this court’s decision in Jackson v. State, 662 So.2d 1369 (Fla. 1st DCA 1995), we find the failure of Styron’s trial counsel to file a sufficient motion to dismiss count two of the information, which charged armed robbery, did not prejudice Styron.

Accordingly, the order denying post-conviction relief is AFFIRMED.

ALLEN, WEBSTER and VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

Troy Edward Styron challenges the denial of his motion for post-conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Competent and substantial evidence was adduced at the eviden-tiary hearing held upon remand from this court, see Styron v. State, 693 So.2d 1144 (Fla. 1st DCA 1997), to support the trial court’s finding that trial counsel did not guarantee that an armed robbery conviction would be overturned on appeal. Furthermore, given this court’s decision in Jackson v. State, 662 So.2d 1369 (Fla. 1st DCA 1995), we find the failure of Styron’s trial counsel to file a sufficient motion to dismiss count two of the information, which charged armed robbery, did not prejudice Styron.

Accordingly, the order denying post-conviction relief is AFFIRMED.

ALLEN, WEBSTER and VAN NORTWICK, JJ., CONCUR.

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729 So. 2d 492, 1999 Fla. App. LEXIS 3836, 1999 WL 164091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/styron-v-state-fladistctapp-1999.

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