Opinion
Case No. 5D03-2278.
Opinion filed June 11, 2004.
3.850 Appeal from the Circuit Court for Putnam County, Edward E. Hedstrom, Judge.
James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.
AFFIRMED. See Windom v. State, 29 Fla. L. Weekly S191 (Fla. May 6, 2004) (holding that inreviewing an order on a motion for post conviction relief, the trial court's factual findings are to be given deference);see also Foster v. State, 810 So.2d 910 (Fla. 2002) (holding that it is not necessaryfor a trial court to conduct an evidentiaryhearing on claims raised ina post convictionmotionthat are facially invalid or conclusively refuted by the record).
THOMPSON, MONACO and TORPY, JJ., concur.