Florida District Courts of Appeal, 1998

Davis v. State

Florida District Courts of Appeal · Decided January 23, 1998 · Peterson, Sharp, Thompson

706 So. 2d 54; 1998 Fla. App. LEXIS 544; 1998 WL 20683 (Southern Reporter, Second Series)

Opinion of the Court

W. SHARP, Judge.

Davis appeals from the summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The question of whether this type of claim is valid has not been fully determined.1 In any event, upon a review of the merits of Davis’ motion, we find his claim lacks merit.

AFFIRMED.

PETERSON and THOMPSON, JJ., concur.

. See Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Lambrix v. State, 698 So.2d 247 (Fla. 1996). But see Jones v. State, 642 So.2d 121 (Fla. 5th DCA 1994); McLeod v. State, 586 So.2d 1351 (Fla. 5th DCA 1991); Smith v. State, 545 So.2d 423 (Fla. 4th DCA 1989); Madden v. State, 535 So.2d 636 (Fla. 5th DCA 1988).

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