JORGE ORTEGA-LOZANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2006-02-17
No. 2D05-1275
CASANUEVA, SALCINES, and VILLANTI, JJ., Concur.
920 So. 2d 809 Florida District Court of Appeal, Second District (2006)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Jorge Ortega-Lozano challenges the trial court’s order summarily denying, as untimely, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Ortega-Lozano’s motion was timely filed, see Chagoya v. State, 817 So. 2d 1039 (Fla. 2d DCA 2002), we affirm the denial order because Ortega-Lozano cannot demonstrate prejudice.

See Pena v. State, 837 So. 2d 495 (Fla. 1st DCA 2003); Prieto v. State, 824 So. 2d 924 (Fla. 3d DCA 2002).

Affirmed.

CASANUEVA, SALCINES, and VILLANTI, JJ., Concur.


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