Sury v. State

Appellant seeks review of the trial court’s summary denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 seeking postconviction relief. We affirm the trial court’s order on the merits. However, one of the issues raised in Appellant’s motion was ineffective assistance of counsel for failure to file a notice of appeal when requested. The trial court correctly ruled it lacked jurisdiction on this issue. In response to a show cause order, the State has not disputed the factual claims in Appellant’s sworn motion, and we therefore treat Appellant’s motion as a petition for…