LIGHTSEY v. STATE (2026)

District Court of Appeal of Florida, Third District.

Tavarus LIGHTSEY, Appellant, v. STATE of Florida, Appellee.

No. 3D25-0883

Decided: February 11, 2026

Before SCALES, C.J., and EMAS and GOODEN, JJ.

Tavarus Lightsey, in proper person. James Uthmeier, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Appellant Tavarus Lightsey appeals the trial court's summary denial of his amended motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. To affirm a trial court's summary denial, the claims must be either facially insufficient, conclusively refuted by the record, or procedurally barred. Foster v. State, 810 So. 2d 910, 914 (Fla. 2002). Finding that all Lightsey's claims fit squarely in these three categories, we affirm. See Suggs v. State, 923 So. 2d 419, 429 (Fla. 2005) (“In order to prove ineffective assistance of counsel, a petitioner must demonstrate both that counsel's performance was deficient and that the deficiency caused prejudice.”); see also Jones v. State, 845 So. 2d 55, 64 (Fla. 2003) (“Postconviction relief cannot be based on speculative assertions.”); Smith v. State, 445 So. 2d 323, 325 (Fla. 1983) (“Issues which either were or could have been litigated at trial and upon direct appeal are not cognizable through collateral attack.”).

Affirmed.

PER CURIAM.

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