Philpot v. State, 120 So. 3d 1274

PER CURIAM.

We affirm the denial of Vincent Philpot’s Florida Rule of Criminal Procedure 3.850 motion, although for grounds different than those stated by the trial court. The motion should have been summarily denied as untimely or successive. See Fla. R.Crim. P. 3.850(b), (f); see also Philpot v. State, 668 So.2d 243 (Fla. 3d DCA 1996). Even if an evidentiary hearing was appropriate, the record reflects no deficient performance of counsel or any resulting prejudice. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Affirmed.

Case Details

Case Name: Philpot v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 18, 2013

Citations: 120 So. 3d 1274; 2013 Fla. App. LEXIS 14820; 2013 WL 5226684; No. 3D11-2462

Docket Number: No. 3D11-2462

Court Abbreviation: Fla. Dist. Ct. App.