ALLEN L. PENOYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Allen Penoyer appeals from an order summarily denying his motion for post-conviction relief. In Penoyer v. State, 485 So. 2d 7 (Fla.2d DCA 1986), we remanded this case with directions either to grant Penoyer a hearing on his allegation of ineffective assistance of counsel, or to attach sufficient portions of the record to demonstrate that Penoyer was not entitled to relief.
After remand the trial court again denied the motion without a hearing, and attached to its order a large number of documents, principally transcripts from Penoyer’s trial. We agree with the trial court that these documents conclusively establish that the motion should be denied. In fact, the allegations contained in the motion are inconsistent with the position taken by Penoyer during his lengthy and detailed trial testimony. Accordingly, the order of the trial court denying the motion for post-conviction relief is affirmed.
GRIMES, A.C.J., and SCHOONOVER and HALL, JJ., concur.
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Penoyer v. State, 945 So. 2d 586 (Fla. 2d DCA 2006)…motion, the issue can be raised by filing a motion for rehearing. . See Penoyer v. State, 848 So. 2d 321 (Fla. 2d DCA 2003); Penoyer v. State, 696 So. 2d 361 (Fla. 2d DCA 1997); Penoyer v. State, 613 So. 2d 28 (Fla. 2d DCA 1992); Penoyer v. State, 494 So. 2d 236 (Fla. 2d DCA 1986); Penoyer v. State, 485 So. 2d 7 (Fla. 2d DCA 1986); see also Penoyer v. Crosby, 845 So. 2d 198 (Fla. 2d DCA 2003); Penoyer v. Circuit Court, Sixth Judicial Circuit, 605 So. 2d 80 (Fla. 2d DCA 1992); Penoyer v. Circuit Court for Si…
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Young v. State, 569 So. 2d 785 (Fla. 2d DCA 1990)…unshot wound,” with the entrance “in the left posterior chest or left upper side,” and the exit “from the underside of the right breast.” Although it involved a claim of ineffective counsel rather than new evidence, our opinion in Penoyer v. State, 494 So. 2d 236 (Fla. 2d DCA 1986), is instructive. Penoyer claimed that counsel failed to produce a witness who would have supported a claim of self-defense. The trial court attached to its order the trial transcript, which showed that this self-defense theory was…
Authorities Cited
- Penoyer v. State, 485 So. 2d 7 (Fla. 2d DCA 1986)