Ortega-Lozano 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 JORGE ORTEGA-LOZANO, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________) Case No. 2D05-1275 Opinion filed February 17, 2006. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Rex Martin Barbas, Judge. PER CURIAM. Jorge Ortega-Lozano challenges the trial court's order summarily denying, as untimely, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Ortega-Lozano's motion was timely filed, see Chagoya v. State, 817 So. 2d 1039 (Fla. 2d DCA 2002), we affirm the denial order because Ortega-Lozano cannot demonstrate prejudice. See Pena v. State, 837 So. 2d 495 (Fla. 1st DCA 2003); Prieto v. State, 824 So. 2d 924 (Fla. 3d DCA 2002). Affirmed. CASANUEVA, SALCINES, and VILLANTI, JJ., Concur. -2-

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