Lee v. State

Full title: ALFRED WAYNE LEE, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 12, 2003

836 So. 2d 1127 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-1480.

February 12, 2003.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Manuel A. Crespo, Judge. Lower Tribunal Nos. 95-17317, 93-2094.

Alfred Wayne Lee, in proper person.

Charlie Crist, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH, and SHEVIN, JJ.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The opinion filed November 6, 2002, is withdrawn, and the following is substituted in its place.

Defendant appeals from the denial of his motion for postconviction relief. Contrary to the trial court's conclusion, the motion is timely pursuant to Wood v. State, 750 So.2d 592 (Fla. 1999). However, the trial court correctly denied the motion on the merits, as defendant failed to establish prejudice underStrickland v. Washington, 466 U.S. 668 (1984). Moreover, the record establishes that there was a factual basis for defendant's plea, and that defendant, through counsel, stipulated to that factual basis.

AFFIRMED.