JUSTIN TAVARSE BARGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2005-11-28
No. 1D05-1294
KAHN, C.J., HAWKES and THOMAS, JJ., concur.
915 So. 2d 705 Florida District Court of Appeal, First District (2005)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Although the trial court erred in relying on the clerk’s docket as part of the record, Clark v. State, 851 So. 2d 826 (Fla. 1st DCA 2003), the summary denial of the appellant’s postconviction motion is affirmed because the motion is facially insufficient. State v. Mancino, 714 So. 2d 429, 433 (Fla. 1998); Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998).

AFFIRMED.

KAHN, C.J., HAWKES and THOMAS, JJ., concur.


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