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Martin v. State

District Court of Appeal of Florida, Fifth District.
Mar 24, 2017
213 So. 3d 1114 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–3222

03-24-2017

Julius MARTIN, Appellant, v. STATE of Florida, Appellee.

Julius Martin, Milton, pro se. James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


Julius Martin, Milton, pro se.

James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant's judgment and sentences, but we do so without prejudice to Appellant to file a timely, facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850(a)(5). See Abbas v. State , 53 So.3d 1207, 1208 (Fla. 5th DCA 2011) (affirming judgment and sentence following the trial court's summary denial of the defendant's motion to withdraw plea that was "devoid of factual allegations in support of the requested relief," but without prejudice to the defendant filing "a timely, facially sufficient motion pursuant to [rule] 3.850").

AFFIRMED.

SAWAYA, BERGER and LAMBERT, JJ., concur.


Summaries of

Martin v. State

District Court of Appeal of Florida, Fifth District.
Mar 24, 2017
213 So. 3d 1114 (Fla. Dist. Ct. App. 2017)
Case details for

Martin v. State

Case Details

Full title:Julius MARTIN, Appellant, v. STATE of Florida, Appellee.

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

Date published: Mar 24, 2017

Citations

213 So. 3d 1114 (Fla. Dist. Ct. App. 2017)