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DENKELBERGER v. STATE

No. 4D04-1405.

877 So.2d 765 (2004)

Linda S. DUNKELBERGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 12, 2004.

Attorney(s) appearing for the Case

Linda S. Dunkelberger, Fort Lauderdale, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. In her postconviction motion, appellant claims that her lawyer promised that the judge would impose a downward departure sentence. However, the plea colloquy conclusively refutes her claim. See State v. Leroux, 689 So.2d 235, 236 (Fla.1996) (stating "under the express provisions of [Florida Rule of Criminal Procedure] 3.850, relief may be summarily denied where the record conclusively refutes...

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