990 So. 2d 1132

Chaffee SUAREZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D08-1295.

District Court of Appeal of Florida, Third District.

Aug. 20, 2008.

Rehearing and Rehearing En Banc Denied Oct. 3, 2008.

Chaffee Suarez, in proper person.

Bill McCollum, Attorney General, for appellee.

Before SUAREZ, ROTHENBERG, and LAGOA, JJ.

*1133ROTHENBERG, J.

On March 22, 2005, the defendant Chaf-fee Suarez (“Suarez”), entered a plea of guilty to the offenses charged in the instant eases, in exchange for the sentences he negotiated with the State, while reserving his right to seek appellate review of the trial court’s denial of his motion to suppress. On February 14, 2007, this Court per curiam affirmed the trial court’s ruling, and the judgments and sentences imposed in Suarez’s consolidated appeals. Suarez v. State, 952 So.2d 1201 (Fla. 3d DCA 2007).

On March 20, 2008, Suarez filed the instant motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging several claims of ineffective assistance of trial counsel, which the trial court correctly treated as a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. On March 28, 2008, the trial court denied Suarez’s postconviction motion, finding that it was untimely and that the grounds raised were conclusively refuted by the record. While we disagree with the trial court that the motion was untimely filed, we affirm because we agree that the record provided by the trial court, which includes the motion to suppress filed by trial counsel and the plea transcript, conclusively refutes the claims raised by Suarez.

Affirmed.

Suarez v. State
990 So. 2d 1132

Case Details

Name
Suarez v. State
Decision Date
Aug 20, 2008
Citations

990 So. 2d 1132

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!