From Casetext: Smarter Legal Research

Canete v. State

District Court of Appeal of Florida, Fourth District.
Nov 10, 2011
72 So. 3d 774 (Fla. Dist. Ct. App. 2011)

Opinion

No. 4D09–4376.

2011-11-10

Orlando CANETE, Appellant,v.STATE of Florida, Appellee.


Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia G. Imperato, Judge; L.T. Case No. 02–8494CF10A.Orlando Canete, Arcadia, pro se.Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.PER CURIAM.

The defendant appeals from a final order summarily denying his petition for writ of habeas corpus. He contends that the circuit court failed to consider the merits of his supplemental motion filed pursuant to Florida Rule of Criminal Procedure 3.850.

We disagree with the defendant. It appears that the circuit court considered the merits of his supplemental motion by “summarily denying” the habeas petition rather than dismissing it as the state recommended. We also have considered the petition on its merits, and we conclude that the circuit court did not err in summarily denying it.

Affirmed.

MAY, C.J., GERBER, and CONNER, JJ., concur.


Summaries of

Canete v. State

District Court of Appeal of Florida, Fourth District.
Nov 10, 2011
72 So. 3d 774 (Fla. Dist. Ct. App. 2011)
Case details for

Canete v. State

Case Details

Full title:Orlando CANETE, Appellant,v.STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Nov 10, 2011

Citations

72 So. 3d 774 (Fla. Dist. Ct. App. 2011)