From Casetext: Smarter Legal Research

Latulip v. State

District Court of Appeal of Florida, Fifth District.
Jul 19, 2013
125 So. 3d 1026 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D13–430.

2013-07-19

Bobby A. LATULIP, Appellant, v. STATE of Florida, Appellee.

3.850 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Sr., Judge. Bobby A. Latulip, Clermont, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


3.850 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Sr., Judge.
Bobby A. Latulip, Clermont, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Bobby A. LaTulip appeals from the summary denial of his seven-issue Rule 3.850 Motion for Postconviction Relief, filed after LaTulip entered what appears to have been a favorable negotiated plea to charges in two separate cases. In denying relief, the trial court described most of the claims as “facially insufficient,” which could lead a reader to conclude that the trial court simply identified pleading deficiencies such that LaTulip should have been given an opportunity to amend his postconviction motion. See Spera v. State, 971 So.2d 754 (Fla.2007). However, the denial order identified no pleading deficiencies. Rather, the trial court addressed the merits of each claim, explaining why LaTulip was not legally entitled to relief as to each. The trial court was correct in its analysis and denial of LaTulip's claims on the merits, and we affirm.

AFFIRMED.

ORFINGER, LAWSON and BERGER, JJ., concur.


Summaries of

Latulip v. State

District Court of Appeal of Florida, Fifth District.
Jul 19, 2013
125 So. 3d 1026 (Fla. Dist. Ct. App. 2013)
Case details for

Latulip v. State

Case Details

Full title:Bobby A. LATULIP, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Jul 19, 2013

Citations

125 So. 3d 1026 (Fla. Dist. Ct. App. 2013)