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Florida District Courts of Appeal, 1996

Wearry v. State

Wearry v. State
Florida District Courts of Appeal · Decided February 7, 1996 · Cope, Levy, Schwartz
667 So. 2d 501; 1996 Fla. App. LEXIS 884; 1996 WL 47684 (Southern Reporter, Second Series)

Wearry v. State

Opinion of the Court

PER CURIAM.

Although we conclude that appellant’s motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 was timely filed, on the merits we conclude that the motion is legally insufficient. We therefore affirm the denial of postconviction relief. See Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984); Pangburn v. State, 661 So.2d 1182, 1190 (Fla. 1995).

Affirmed.

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