Opinion
Case No. 4D04-1405.
Opinion filed June 16, 2004. Rehearing Denied August 12, 2004.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Paul L. Backman, Judge, L.T. Case Nos. 02-11898 CF10A, 02-14492 CF10A, 02-16986 CF10A, 02-19419 CF10A, 02-19892 CF10A 02-19893 CF10A.
Linda S. Dunkelberger, Fort Lauderdale, pro se.
No appearance required for appellee.
Affirmed. In her postconviction motion, appellant claims that her lawyer promised that the judge would impose a downward departure sentence. However, the plea colloquy conclusively refutes her claim. See State v. Leroux, 689 So.2d 235, 236 (Fla. 1996) (stating "under the express provisions of [Florida Rule of Criminal Procedure] 3.850, relief may be summarily denied where the record conclusively refutes" claim that appellant's counsel made misrepresentation as to length of potential sentence). The trial judge carefully questioned appellant about the sentence and specifically asked whether her attorney had made any promises regarding the sentence, to which she responded in the negative.
FARMER, C.J., WARNER and HAZOURI, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.