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Alphonzo v. State

District Court of Appeal of Florida, Fourth District
May 1, 2002
815 So. 2d 737 (Fla. Dist. Ct. App. 2002)

Opinion

No. 4D02-852.

May 1, 2002.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard L. Oftedal, Judge; L.T. Case No. 91-11490 CFA02.

Willadeur Alphonzo, Coleman, pro se.

No appearance required for appellee.


Appellant raised numerous grounds of trial court error and ineffective assistance of counsel, as well as claims of involuntariness, in his untimely motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We find that all but one of the claims are clearly timely under Wood v. State, 750 So.2d 592 (Fla. 1999), but they are either insufficient or conclusively refuted by the record. The remaining claim is not traditionally cognizable under coram nobis and is thus untimely. Accordingly, we affirm the trial court's denial of relief.

However, we note that Appellant's motion was styled with five case numbers. The trial court's order is styled with only one case number, 91-11490-CF. Our affirmance relates to both the substantive and violation of probation cases styled under case number 91-11490-CF, as the trial court's order addressed both cases. However, our affirmance is without prejudice to the Appellant challenging any orders entered with respect to the other case numbers.

WARNER, SHAHOOD and TAYLOR, JJ., concur.


Summaries of

Alphonzo v. State

District Court of Appeal of Florida, Fourth District
May 1, 2002
815 So. 2d 737 (Fla. Dist. Ct. App. 2002)
Case details for

Alphonzo v. State

Case Details

Full title:WILLADEUR ALPHONZO, Appellant v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 1, 2002

Citations

815 So. 2d 737 (Fla. Dist. Ct. App. 2002)