Opinion
Case No. 97-1077
Opinion filed July 3, 1997
Appeal from the Circuit Court for Citrus County, John Thurman, Judge.
Prince Narvel Wray, Okeechobee, pro se.
No Appearance for Appellee.
Wray appeals from the trial court's order which summarily denied his rule 3.850 motion. This appeal pertains to claims of ineffective assistance of trial counsel, identical to the motion the trial court ruled upon in Wray v. State, 664 So.2d 261 (Fla. 5th DCA 1995). In that case, we affirmed without opinion.
In the prior case, Wray's notice of appeal was untimely, but because the trial court's order failed to apprise Wray he had thirty days to file an appeal, we recently granted Wray a belated appeal. Wray v. State, Case No. 97-73 (Fla. 5th DCA Mar. 27, 1997). Wray sought this belated appeal because he was concerned the court had disposed of his earlier appeal on jurisdictional grounds.
In any event, we review Wray's appeal this time on the merits. We find the grounds asserted by Wray to establish ineffective assistance of trial counsel are legally insufficient, and accordingly they do not require an evidentiary hearing to resolve them at the trial court level.
AFFIRMED.
DAUKSCH and COBB, JJ., concur.