Opinion
Case No. 4D03-2291.
Opinion filed May 12, 2004. Rehearing Denied June 24, 2004.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Michael L. Gates, Judge, L.T. Case No. 97-6436 CF10A.
Victor Franco, Avon Park, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Victor Franco appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post conviction relief. Franco alleged numerous claims of ineffective assistance of counsel. The state expressed "grave doubts" in the response below regarding the timeliness of the motion. Fla. R. Crim. P. 3.850(b).
We also seriously question the timeliness of the motion. Even assuming that the motion was timely, however, summary denial was proper as the claims are either legally insufficient or conclusively refuted by the record. McLin v. State, 827 So.2d 948, 954 (Fla. 2002).
POLEN, STEVENSON and MAY, JJ., concur.