Legal Opinion

Fry v. State

District Court of Appeal of Florida

Decided April 28, 2017No. CASE NO. 1D16-3832PublishedCited by 1 opinion

1Opinion of the CourtOsterhaus, J.

Michelle Fry appeals the trial court’s summary denial of her postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of Appellant’s second claim without further discussion. However, we reverse the trial court’s denial of Appellant’s other two claims because they are legally sufficient and not conclusively refuted by the record below.

On September 4, 2012, Ms. Fry and her co-defendant husband entered guilty pleas to drug-related charges. Ms. Fry subsequently filed a timely motion seeking postconviction relief, which the trial court…

2Cases cited9 opinions

  1. State v. LerouxSupreme Court of Florida · 1996
  2. Stano v. StateSupreme Court of Florida · 1988
  3. Williams v. StateDistrict Court of Appeal of Florida · 1998
  4. Clift v. StateDistrict Court of Appeal of Florida · 2010
  5. Wilson v. StateDistrict Court of Appeal of Florida · 2004

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3Cited by1 opinion

  1. David Pembelton Jr v. State of FloridaDistrict Court of Appeal of Florida · 2019

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