Robert E. Philyaw, II v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ROBERT E. PHILYAW, II, Appellant, v. Case No. 5D17-3251 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 17, 2018 3.850 Appeal from the Circuit Court for Marion County, Jonathan D. Ohlman, Judge. Robert E. Philyaw, II, Defuniak Springs, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant filed an appeal with this Court following the denial of his motion seeking postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, the issues and arguments Appellant raises here were not presented to the postconviction court. Accordingly, those issues and arguments are not properly before this Court. Evans v. State, 975 So. 2d 1035, 1042 (Fla. 2007). We affirm the postconviction court’s order denying Appellant’s rule 3.850 motion. AFFIRMED. ORFINGER, EVANDER and EDWARDS, JJ., concur. 2

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