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Montoya v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jun 18, 2014
No. 4D14-499 (Fla. Dist. Ct. App. Jun. 18, 2014)

Opinion

No. 4D14-499

06-18-2014

LUIS ALBERTO MONTOYA, Appellant, v. STATE OF FLORIDA, Appellee.

Luis Alberto Montoya, Sneads, pro se. No appearance required for appellee.


Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert L. Pegg, Judge; L.T. Case No. 311991CF000010A.

Luis Alberto Montoya, Sneads, pro se.

No appearance required for appellee. PER CURIAM.

Affirmed. See Atwell v. State, 128 So. 3d 167, 169 (Fla. 4th DCA 2013). Appellant's argument that the trial court judge should have been disqualified from ruling on the post-conviction motion was not raised below and thus was not preserved for appeal. TAYLOR, GERBER and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


Summaries of

Montoya v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jun 18, 2014
No. 4D14-499 (Fla. Dist. Ct. App. Jun. 18, 2014)
Case details for

Montoya v. State

Case Details

Full title:LUIS ALBERTO MONTOYA, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Jun 18, 2014

Citations

No. 4D14-499 (Fla. Dist. Ct. App. Jun. 18, 2014)