Libby v. State

520 So.2d 322 (1988)

Charles R. LIBBY, Appellant,

v.

STATE of Florida, Appellee.

No. 88-317.

District Court of Appeal of Florida, Second District.

February 26, 1988.

This is an appeal from the trial court's summary denial, on the merits, of appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the denial of appellant's motion, not on the merits of the allegations raised therein, but because the trial court lacked jurisdiction to entertain the motion.

Appellant filed his rule 3.850 motion in the trial court on October 21, 1987. In his motion he alleged that…