Bobby Latulip v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BOBBY A. LATULIP, Appellant, v. Case No. 5D13-430 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 19, 2013 3.850 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Sr., Judge. Bobby A. Latulip, Clermont, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Bobby A. LaTulip appeals from the summary denial of his seven-issue Rule 3.850 Motion for Postconviction Relief, filed after LaTulip entered what appears to have been a favorable negotiated plea to charges in two separate cases. In denying relief, the trial court described most of the claims as "facially insufficient," which could lead a reader to conclude that the trial court simply identified pleading deficiencies such that LaTulip should have been given an opportunity to amend his postconviction motion. See Spera v. State, 971 So. 2d 754 (Fla. 2007). However, the denial order identified no pleading deficiencies. Rather, the trial court addressed the merits of each claim, explaining why LaTulip was not legally entitled to relief as to each. The trial court was correct in its analysis and denial of LaTulip's claims on the merits, and we affirm. AFFIRMED. ORFINGER, LAWSON and BERGER, JJ., concur. 2

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