CHRISTOPHER FALZONE
v.
STATE OF FLORIDA
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A rule 3.850 motion must contain specific facts establishing a reasonable probability of prejudice and cannot rely on mere conclusory allegations.
[1] A rule 3.850 motion for post-conviction relief must be supported by specific facts establishing a reasonable probability of prejudice and cannot be sustained on conclusor…
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Join FLexlaw to unlock all legal intelligence“mere conclusory allegations are insufficient to state a claim under rule 3.850”
Court citing Franqui v. State for the standard that conclusory allegations cannot support a rule 3.850 motion
Christopher Falzone appealed the denial of his rule 3.850 motion in a criminal case from Broward County.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CHRISTOPHER FALZONE, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2024-0662
[February 26, 2025]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Andrew L. Siegel, Judge; L.T. Case No. 18-009848CF10A.
Melanie Anitra Malavé, Fort Lauderdale, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Paul Patti, III, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See Franqui v. State, 59 So. 3d 82, 96 (Fla. 2011) (recognizing that “mere conclusory allegations” are insufficient to state a claim under rule 3.850); Hammond v. State, 34 So. 3d 58, 60-61 (Fla. 4th DCA 2010) (holding that claims lacking specific facts establishing a reasonable probability of prejudice should be summarily denied).
MAY, GERBER and CONNER, JJ., concur.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Franqui v. State, 59 So. 3d 82 (Fla. 2011)
- Hammond v. State, 34 So. 3d 58 (Fla. 4th DCA 2010)