Montoya v. State

Full title: Luis Alberto MONTOYA, Appellant, v. STATE of Florida, Appellee.

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

Date published: Aug 19, 2014

143 So. 3d 952 (Fla. Dist. Ct. App. 2014)

Opinion

No. 4D14–499.

2014-08-19

Luis Alberto MONTOYA, Appellant, v. STATE of Florida, 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.

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.