Williams v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CHARLES FRANK WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) CASE NO. 2D01-3019 Opinion filed October 16, 2002. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; William Fuente, Judge. BLUE, Chief Judge. Charles Frank Williams appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of counsel. Although laches, the trial court s stated reason for denial, is improper without an evidentiary hearing, see Omasta v. State, 805 So. 2d 846 (Fla. 2d DCA 2001), we have examined the record and have determined that all of Mr. Williams' claims are untimely. See Wood v. State, 750 So. 2d 592 (Fla. 1999); Major v. State, 814 So. 2d 424 (Fla. 2002). Affirmed. ALTENBERND and CASANUEVA, JJ., Concur. -2-

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