SPENCE v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Christopher SPENCE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2084

Decided: August 16, 2019

Christopher Spence, Miami, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the final order denying Christopher Spence's postconviction motion filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We note that, although the postconviction court erred in relying on trial strategy to summarily deny grounds four and six, we find that the record conclusively refutes those grounds. See Foss v. State, 24 So. 3d 1275, 1276 (Fla. 5th DCA 2009) (applying the tipsy coachman doctrine to affirm the summary denial of postconviction claims where the record supported affirmance).

AFFIRMED.

PER CURIAM.

ORFINGER, COHEN, and GROSSHANS, JJ., concur.

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