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Wray v. State

Citations: 695 So. 2d 1319; 1997 Fla. App. LEXIS 7608; 1997 WL 366041Docket: No. 97-1077

Court: District Court of Appeal of Florida; July 3, 1997; Florida; State Appellate Court

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Wray appealed the trial court’s summary denial of his rule 3.850 motion, which claimed ineffective assistance of trial counsel. This appeal is similar to a previous case, Wray v. State, 664 So.2d 261 (Fla. 5th DCA 1995), where his notice of appeal was deemed untimely; however, a belated appeal was granted due to the trial court’s failure to inform him of the thirty-day filing requirement. In the current appeal, the court reviewed the merits and determined that Wray's claims of ineffective assistance were legally insufficient, thus not warranting an evidentiary hearing. The trial court's ruling was affirmed with concurrence from Judges Dauksh and Cobb.