Florida District Courts of Appeal, 2011

Dell v. State

Dell v. State
Florida District Courts of Appeal · Decided July 20, 2011 · Emas, Shepherd, Wells
66 So. 3d 355; 2011 Fla. App. LEXIS 11361; 2011 WL 2880466 (Southern Reporter, Third Series)

Dell v. State

Opinion of the Court

PER CURIAM.

This an appeal taken by the defendant, Joseph Dell, from an order of the trial court denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Upon review, we affirm the order of the trial court, but without prejudice to Dell to seek relief, in the first instance, from the trial court pursuant to the recent decision of the United States Supreme Court in Graham v. Florida, — U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), if appropriate. We express no opinion on the merits of such a motion.

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