MARTIN v. STATE

Reset A A Font size: Print

Julius MARTIN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16–3222

Decided: March 24, 2017

Julius Martin, Milton, pro se. James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Appellant's judgment and sentences, but we do so without prejudice to Appellant to file a timely, facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850(a)(5). See Abbas v. State, 53 So. 3d 1207, 1208 (Fla. 5th DCA 2011) (affirming judgment and sentence following the trial court's summary denial of the defendant's motion to withdraw plea that was “devoid of factual allegations in support of the requested relief,” but without prejudice to the defendant filing “a timely, facially sufficient motion pursuant to [rule] 3.850”).

AFFIRMED.

PER CURIAM.

SAWAYA, BERGER and LAMBERT, JJ., concur.

Copied to clipboard