Gard v. State, 805 So. 2d 954 (Fla. 2d DCA 2001). · Go Syfert
Search
Gard v. State, 805 So. 2d 954 (Fla. 2d DCA 2001). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
How cited ↗
Cited for

No citing cases on record.

Richard E. GARD
v.
STATE of Florida
No. 2D01-3294.
District Court of Appeal of Florida, Second District.
Nov 16, 2001.
Published opinion
805 So. 2d 954
2001 Fla. App. LEXIS 16271
2001 WL 1445831
Fulmer, Green, Silberman.
Published
PER CURIAM.

Richard E. Gard appeals the summary denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. We affirm because Gard’s barely intelligible motion is facially insufficient. If, as Gard asserts in his motion for rehearing, he was attempting to withdraw his plea pursuant to Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000), the motion was timely. This affir-mance is therefore without prejudice to Gard’s right to file a facially sufficient motion seeking that relief.

Affirmed.

FULMER, A.C.J., and GREEN and SILBERMAN, JJ„ concur.