Legal Opinion

Barge v. State

District Court of Appeal of Florida

Decided November 28, 2005No. 1D05-1294Published

1Per curiam

Although the trial court erred in relying on the clerk’s docket as part of the record, Clark v. State, 851 So.2d 826 (Fla. 1st DCA *7062003), the summary denial of the appellant’s postconviction motion is affirmed because the motion is facially insufficient. State v. Mancino, 714 So.2d 429, 433 (Fla. 1998); Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).

AFFIRMED.

KAHN, C.J., HAWKES and THOMAS, JJ., concur.

2Cases cited3 opinions

  1. State v. MancinoSupreme Court of Florida · 1998
  2. Baker v. StateDistrict Court of Appeal of Florida · 1998
  3. Clark v. StateDistrict Court of Appeal of Florida · 2003