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120 So. 3d 1274

Philpot v. State

District Court of Appeal of Florida

Decided September 18, 2013

District Court of Appeal of Florida · decided 2013-09-18

Cited by 4 later decisions — most recently August 2016

4 state decisions

Relies on Strickland v. Washington · 668 So. 2d 243 - To v. ALACHUA JUVENILE DETENTION CTR.

Good law ✅— No negative treatment on recordhow we know

Decided 2013-09-18

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PER CURIAM.

¶1We affirm the denial of Vincent Philpot’s Florida Rule of Criminal Procedure 3.850 motion, although for grounds different than those stated by the trial court. The motion should have been summarily denied as untimely or successive. See Fla. R.Crim. P. 3.850(b), (f); see also Philpot v. State, 668 So.2d 243 (Fla. 3d DCA 1996). Even if an evidentiary hearing was appropriate, the record reflects no deficient performance of counsel or any resulting prejudice. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

¶2Affirmed.

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