5D03-2278 Charles Eubanks v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2278

Case Date: 06/07/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

CHARLES EDWARD EUBANKS, SR., Appellant, v. CASE NO. 5D03-2278

STATE OF FLORIDA, Appellee. / Opinion filed June 11, 2004. 3.850 Appeal from the Circuit Court for Putnam County, Edward E. Hedstrom, Judge. James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Windom v. State, 29 Fla. L. Weekly S191 (Fla. May 6, 2004) (holding that in reviewing an order on a motion for post conviction relief, the trial court's factual findings are to be given deference); see also Foster v. State, 810 So. 2d 910 (Fla. 2002) (holding that it is not necessary for a trial court to conduct an evidentiary hearing on claims raised in a post conviction motion that are facially invalid or conclusively refuted by the record). THOMPSON, MONACO and TORPY, JJ., concur.

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