Perez v. State

Luis A. Perez appeals the trial court’s order summarily denying his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm.

Perez claims that his trial counsel provided ineffective assistance of counsel for failing to file a notice of expiration of speedy trial and requiring the State to try him within the “recapture period.” We conclude that the trial court properly denied Perez’s motion both on procedural grounds and on the merits. On June 10, 2009, Perez filed his first motion for post-conviction relief, which was denied by the trial…