Legal Opinion

TENSLEY v. State

District Court of Appeal of Florida

Decided September 24, 2010No. 2D10-724Published

1Opinion of the Court

WHATLEY, Judge.

Warren Tensley challenges the order summarily denying his motion for postcon-viction relief. We affirm without comment the postconviction court’s denial of Tens-ley’s motion in all respects except one.

In his memorandum of law in support of his amended motion for postconviction relief, Tensley argued that the record does not reveal a tactical reason for defense counsel to have allowed trial to occur after the 175-day speedy trial period expired. See Fla. R.Crim. P. 3.191(a). However, he failed to allege prejudice from trial counsel’s conduct by alleging “ ‘that the State could…

2Cases cited4 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Smith v. StateDistrict Court of Appeal of Florida · 2008
  3. Dexter v. StateDistrict Court of Appeal of Florida · 2003
  4. Norwood v. StateDistrict Court of Appeal of Florida · 2010

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