920 So. 2d 809

Jorge ORTEGA-LOZANO, Appellant, v. STATE of Florida, Appellee.

No. 2D05-1275.

District Court of Appeal of Florida, Second District.

Feb. 17, 2006.

PER CURIAM.

Jorge Ortega-Lozano challenges the trial court’s order summarily denying, as untimely, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Ortega-Lozano’s motion was timely filed, see Chagoya v. State, 817 So.2d 1039 (Fla. 2d DCA 2002), we affirm the denial order because Ortega-Lozano cannot demonstrate prejudice.

See Pena v. State, 837 So.2d 495 (Fla. 1st DCA 2003); Prieto v. State, 824 So.2d 924 (Fla. 3d DCA 2002).

Affirmed.

CASANUEVA, SALCINES, and VILLANTI, JJ., Concur.

Ortega-Lozano v. State
920 So. 2d 809

Case Details

Name
Ortega-Lozano v. State
Decision Date
Feb 17, 2006
Citations

920 So. 2d 809

Jurisdiction
Florida

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