Roque v. State
Roque v. State
Opinion of the Court
Raul Jesus Roque appeals the trial court’s order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and the trial court’s order denying his motion for rehearing. We affirm the trial court’s denial of relief on the issues presented in the 3.850 petition filed October 22, 1999, because the issues are procedurally barred as they should have and could have been raised on direct appeal, see. Byrd v. State, 597 So.2d 252, 254 (Fla. 1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So.2d 1034 (Fla. 3d DCA 1999)(same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We have no jurisdiction to
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.