JAMES GANEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of ineffective assistance of counsel claim in probation revocation proceeding, holding that Rule 3.850 motions apply to such proceedings but the appellant's claims lacked merit.
Rule 3.850 motions for ineffective assistance of counsel apply to probation revocation proceedings, but the appellant's claims were without merit.
[1] Rule 3.850 motions alleging ineffective assistance of counsel apply to probation revocation proceedings, notwithstanding a trial court's contrary conclusion.
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PER CURIAM.
The appellant challenges the postconviction court’s order summarily denying his motion alleging ineffective assistance of counsel filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction court’s order indicated that rule 3.850 motions do not apply to probation revocation proceedings and there is no claim for ineffective assistance of counsel arising out of probation proceedings. This proposition is incorrect. Contrary to the findings of the postconviction court, there are numerous examples of appellate cases applying rule 3.850 to probation revocation hearings. See e.g. Flowers v. State, 947 So. 2d 639 (Fla. 4th DCA 2007); Hollander v. State, 920 So. 2d 204, (Fla. 4th DCA 2006); Gilbert v. State, 913 So. 2d 84, 85 (Fla. 2d DCA 2005); Phelps v. State, 911 So. 2d 186 (Fla. 1st DCA 2005); Mikell v. State, 903 So. 2d 1054, 1054 (Fla. 2d DCA 2005); Medrano v. State, 892 So. 2d 508 (Fla. 3d DCA 2004).
Nevertheless, the appellant’s claims are without merit. Therefore, we affirm without further discussion. See Kennard v. State, 903 So. 2d 244, 245-46 (Fla. 1st DCA 2005) (providing an appellate court may affirm a trial court’s judgment if the judgment is legally correct, regardless of the trial court’s reasoning).
AFFIRMED.
BENTON, LEWIS, and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ford v. State, 989 So. 2d 691 (Fla. 1st DCA 2008)…’s order indicated that rule 3.850 motions do not apply to probation revocation proceedings. The postconviction court is incorrect and an appellant may raise ineffective assistance of counsel at a probation revocation proceeding. See Ganey v. State, 977 So. 2d 698 (Fla. 1st DCA 2008). The state concedes that the postconviction court erroneously denied this motion and failed to address the merits or attach record portions to conclusively refute the appellant’s allegations. We, therefore, reverse and remand t…
Authorities Cited
- Gilbert v. State, 913 So. 2d 84 (Fla. 2d DCA 2005)
- Medrano v. State, 892 So. 2d 508 (Fla. 3d DCA 2004)
- Orie Kennard v. State, 903 So. 2d 244 (Fla. 1st DCA 2005)
- Mikell v. State, 903 So. 2d 1054 (Fla. 2d DCA 2005)
- Phelps v. State, 911 So. 2d 186 (Fla. 1st DCA 2005)
- Flowers v. State, 947 So. 2d 639 (Fla. 4th DCA 2007)
- Garcia v. State, 920 So. 2d 204 (Fla. 4th DCA 2006)
- Hollander v. State, 920 So. 2d 204 (Fla. 4th DCA 2006)