CHRISTOPHER SPENCE
v.
STATE OF FLORIDA
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A postconviction motion under Florida Rule 3.850 may be summarily denied when the record conclusively refutes the claims, even if the trial court's stated reasoning was erroneous.
[1] A postconviction motion under Florida Rule 3.850 may be summarily denied when the record conclusively refutes the claims raised, notwithstanding that the trial court's st…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“although the postconviction court erred in relying on trial strategy to summarily deny grounds four and six, we find that the record conclusively refutes those grounds”
Court's explanation for affirming despite trial court's erroneous reasoning
Christopher Spence filed a postconviction motion under Florida Rule 3.850 challenging his conviction. The trial court summarily denied grounds four an…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CHRISTOPHER SPENCE,
Appellant,
v. Case No. 5D18-2084
STATE OF FLORIDA,
Appellee.
______________________________/
Opinion filed August 16, 2019
3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge. Scott C. Dupont, Judge.
Christopher Spence, Miami, pro se.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the final order denying Christopher Spence’s postconviction motion filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We note that, although the postconviction court erred in relying on trial strategy to summarily deny grounds four and six, we find that the record conclusively refutes those grounds. See Foss v. State, 24 So. 3d 1275, 1276 (Fla. 5th DCA 2009) (applying the tipsy coachman doctrine to affirm the summary denial of postconviction claims where the record supported affirmance).
2
AFFIRMED.
ORFINGER, COHEN, and GROSSHANS, JJ., concur.