Ortega-Lozano v. State

Full title: Jorge ORTEGA-LOZANO, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Feb 17, 2006

920 So. 2d 809 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D05-1275.

February 17, 2006.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Rex Martin Barbas, Judge.

PER CURIAM.

Jorge Ortega-Lozano challenges the trial court's order summarily denying, as untimely, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Ortega-Lozano's motion was timely filed, see Chagoya v. State, 817 So.2d 1039 (Fla. 2d DCA 2002), we affirm the denial order because Ortega-Lozano cannot demonstrate prejudice.

See Pena v. State, 837 So.2d 495 (Fla. 1st DCA 2003); Prieto v. State, 824 So.2d 924 (Fla. 3d DCA 2002).

Affirmed.

CASANUEVA, SALCINES, and VILLANTI, JJ., Concur.