Burkes v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KEVIN G. BURKES, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) CASE NO. 2D02-972 Opinion filed May 10, 2002. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge. DAVIS, Judge. Kevin G. Burkes appeals the orders summarily denying his motion for postconviction relief and his motion to correct an illegal sentence filed pursuant to Florida Rules of Criminal Procedure 3.850 and 3.800(a). The trial court denied the rule 3.850 motion as untimely. Although it appears that Burkes motion was timely, see Huff v. State, 569 So. 2d 1247 (Fla. 1990), and Haag v. State, 591 So. 2d 614 (Fla. 1992), we nonetheless affirm the trial court s order because Burkes claims are either procedurally barred or otherwise without merit. We affirm the denial of the rule 3.800(a) motion without comment. Affirmed. FULMER and GREEN, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.