Florida District Courts of Appeal, 2004

Eubanks v. State

Eubanks v. State
Florida District Courts of Appeal · Decided June 11, 2004 · Monaco, Thompson, Torpy
874 So. 2d 1266; 2004 Fla. App. LEXIS 8311; 2004 WL 1283779 (Southern Reporter, Second Series)

Eubanks v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Windom v. State, 29 Fla. L. Weekly S191, — So.2d -, 2004 WL 1057640 (Fla. May 6, 2004) (holding that in reviewing an order on a motion for post conviction relief, the trial court’s factual findings are to be given deference); see also Foster v. State, 810 So.2d 910 (Fla. 2002) (holding that it is not necessary for a trial court to conduct an evidentiary hearing on claims raised in a post conviction motion that are facially invalid or conclusively refuted by the record).

THOMPSON, MONACO and TORPY, JJ., concur.

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