DE CASTRO V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3D07-2996

Case Date: 12/10/2008

Plaintiff: DE CASTRO

Defendant: STATE

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2008
Opinion filed December 10, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-2996 Lower Tribunal No. 02-14777 ________________

Manuel de Jesus Castro,
Appellant, vs.

The State of Florida,
Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Manuel de Jesus Castro, in proper person. Bill McCollum, Attorney General, and Ansley B. Peacock, Assistant Attorney General, for appellee.

Before RAMIREZ, WELLS, and ROTHENBERG, JJ. ROTHENBERG, J. Manuel de Jesus Castro seeks review of the non-summary denial of his

motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. After consideration of the record and briefs, we affirm as the trial court's findings are supported by competent, substantial evidence. See Kornegay v. State, 826 So.2d 1081 (Fla. 1st DCA 2002) (holding that when reviewing the non-summary denial of a rule 3.850 motion, the appellate court must give deference to the trial court's finding of facts that are supported by competent, substantial evidence and review the findings of law de novo). Affirmed.

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