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Davis v. State

District Court of Appeal of Florida, Fifth District
Jan 23, 1998
706 So. 2d 54 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-2757.

Opinion filed January 23, 1998. JANUARY TERM 1998.

Appeal from the Circuit Court for Osceola County, Roger J. McDonald, Judge.

Everett Davis, South Bay, pro se.

No Appearance for Appellee.


Davis appeals from the summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The question of whether this type of claim is valid has not been fully determined. In any event, upon a review of the merits of Davis' motion, we find his claim lacks merit.

See Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Lambrix v. State, 698 So.2d 247 (Fla. 1996). But see Jones v. State, 642 So.2d 121 (Fla. 5th DCA 1994); McLeod v. State, 586 So.2d 1351 (Fla. 5th DCA 1991); Smith v. State, 545 So.2d 423 (Fla. 4th DCA 1989); Madden v. State, 535 So.2d 636 (Fla. 5th DCA 1988).

AFFIRMED.

PETERSON and THOMPSON, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Fifth District
Jan 23, 1998
706 So. 2d 54 (Fla. Dist. Ct. App. 1998)
Case details for

Davis v. State

Case Details

Full title:EVERETT DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 23, 1998

Citations

706 So. 2d 54 (Fla. Dist. Ct. App. 1998)