Handley v. State

Full title: STEVEN HANDLEY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jul 30, 2004

877 So. 2d 966 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D04-121.

Opinion filed July 30, 2004.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County, Thomas S. Reese, Judge.

STRINGER, Judge.

Steven Handley appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the order of the trial court denying Handley's claim. Our affirmance is without prejudice for Handley to file a timely, facially sufficient rule 3.850 motion to withdraw plea based on a manifest injustice. See Bradford v. State, 869 So.2d 28 (Fla. 2d DCA 2004). Any such motion will not be considered successive.

Affirmed.

SALCINES and KELLY, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED