Wearry v. State

Full title: JEROME WEARRY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Feb 7, 1996

667 So. 2d 501 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2031.

February 7, 1996.

An appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County, Barbara S. Levenson, Judge.

Jerome Wearry, in pro. per.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

PER CURIAM.

Although we conclude that appellant's motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 was timely filed, on the merits we conclude that the motion is legally insufficient. We therefore affirm the denial of postconviction relief. See Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984); Pangburn v. State, 661 So.2d 1182, 1190 (Fla. 1995).

Affirmed.