Legal Opinion

Bobby L. Saviory v. State

District Court of Appeal of Florida

Decided September 30, 2016No. 5D16-1477Published

1Per curiam

Bobby Lee Saviory appeals the summary denial of his motion for postconviction relief, which alleged counsel was ineffective for improperly advising him that he could appeal a non-dispositive motion to suppress after entering a no contest plea. See Fla. R. Crim. P. 3.850. The limited record before us does not support the conclusion that the issue raised in the motion to suppress was dispositive, nor does it contain sufficient facts for us to imply such a finding. See Leisure v. State, 429 So.2d 434, 436 (Fla. 1st DCA 1983) (explaining trial court’s failure to expressly find that the issue was…

2Cases cited4 opinions

  1. Freeman v. StateSupreme Court of Florida · 2000
  2. Maharaj v. StateSupreme Court of Florida · 1996
  3. Leisure v. StateDistrict Court of Appeal of Florida · 1983
  4. Lamb v. StateDistrict Court of Appeal of Florida · 2011

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API