Boyer v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 FLOYD BOYER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-3223 [September 21, 2005] PER CURIAM. We affirm appellant s challenge to orders of two trial judges denying his requests for relief pursuant to Florida Rule of Criminal Procedure 3.850. The first order, entered by Judge Makemson on December 13, 2001, summarily denied all but two of appellant s grounds alleging ineffective assistance of trial counsel. The second order, entered by Judge Conner on July 12, 2004, denied the remaining grounds F and I following a full evidentiary hearing. Both orders set forth valid, detailed findings and conclusions supporting denial of relief. The findings made by both judges are amply supported by the record and by competent, substantial evidence. No error is found in the judges conclusions denying the motion. The orders are, therefore, affirmed. POLEN , FARMER and K LEIN, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Burton C. Conner and Robert M. Makemson, Judges; L.T. Case No. 561996CF001518A. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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