BADGER v. STATE

No. 5D04-2578.

898 So.2d 1199 (2005)

James Matthew BADGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 8, 2005.


Attorney(s) appearing for the Case

James M. Badger, Perry, Pro Se.

Charles J. Crist, Jr., Attorney General, Tallahassee and Douglas T. Squire, and Robin A. Compton, Assistant Attorneys General, Daytona Beach, for Appellee.


MONACO, J.

The appellant, James Matthew Badger, appeals the summary denial of his Rule 3.850 motion for postconviction relief. Although he raises three grounds asserting ineffective assistance of counsel, we conclude that only one of those grounds has merit.

In order to uphold the summary denial by a trial court of a claim raised in a motion for postconviction relief, the claim must be either facially invalid or conclusively refuted by the record. When no...

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