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Burkes v. State

District Court of Appeal of Florida, Second District
May 10, 2002
815 So. 2d 777 (Fla. Dist. Ct. App. 2002)

Opinion

No. 2D02-972.

May 10, 2002.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.


Kevin G. Burkes appeals the orders summarily denying his motion for postconviction relief and his motion to correct an illegal sentence filed pursuant to Florida Rules of Criminal Procedure 3.850 and 3.800(a). The trial court denied the rule 3.850 motion as untimely. Although it appears that Burkes' motion was timely, see Huff v. State, 569 So.2d 1247 (Fla. 1990), and Haag v. State, 591 So.2d 614 (Fla. 1992), we nonetheless affirm the trial court's order because Burkes' claims are either procedurally barred or otherwise without merit. We affirm the denial of the rule 3.800(a) motion without comment.

Affirmed.

FULMER and GREEN, JJ., Concur.


Summaries of

Burkes v. State

District Court of Appeal of Florida, Second District
May 10, 2002
815 So. 2d 777 (Fla. Dist. Ct. App. 2002)
Case details for

Burkes v. State

Case Details

Full title:KEVIN G. BURKES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 10, 2002

Citations

815 So. 2d 777 (Fla. Dist. Ct. App. 2002)