Bobby L. Saviory v. State
District Court of Appeal of Florida
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
- Freeman v. StateSupreme Court of Florida · 2000
- Maharaj v. StateSupreme Court of Florida · 1996
- Leisure v. StateDistrict Court of Appeal of Florida · 1983
- Lamb v. StateDistrict Court of Appeal of Florida · 2011