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706 So. 2d 54

Davis v. State

District Court of Appeal of Florida

Decided January 23, 1998

District Court of Appeal of Florida · decided 1998-01-23

Relies on Coleman v. Thompson · 698 So. 2d 247 - Lambrix v. State · 642 So. 2d 121 - Jones v. State

Decided 1998-01-23

W. SHARP, Judge.

¶1Davis appeals from the summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The question of whether this type of claim is valid has not been fully determined.1 In any event, upon a review of the merits of Davis’ motion, we find his claim lacks merit.

¶2AFFIRMED.

PETERSON and THOMPSON, JJ., concur.

¶3. See Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Lambrix v. State, 698 So.2d 247 (Fla.1996). But see Jones v. State, 642 So.2d 121 (Fla. 5th DCA 1994); McLeod v. State, 586 So.2d 1351 (Fla. 5th DCA 1991); Smith v. State, 545 So.2d 423 (Fla. 4th DCA 1989); Madden v. State, 535 So.2d 636 (Fla. 5th DCA 1988).

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