JESSE ALBERTO LOOR
v.
STATE OF FLORIDA
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Claims of ineffective assistance of counsel that are legally insufficient or conclusively refuted by the record do not warrant relief under Florida Rule of Criminal Procedure 3.850.
[1] Mere conclusory allegations are insufficient to state a claim for post-conviction relief under Florida Rule of Criminal Procedure 3.850.
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Join FLexlaw to unlock all legal intelligence“mere conclusory allegations" are insufficient to state a claim under rule 3.850”
The court cited Franqui v. State for the proposition that conclusory allegations cannot support a Rule 3.850 claim.
Jesse Alberto Loor appealed the summary denial of his Rule 3.850 motion for post-conviction relief alleging ineffective assistance of counsel in his c…
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Third District Court of Appeal State of Florida
Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1129 Lower Tribunal No. F10-27774 ________________
Jesse Alberto Loor, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
W. Charles Fletcher (Jacksonville), for appellant.
James Uthmeier, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.
Before MILLER, GORDO and GOODEN, JJ.
GORDO, J.
2
Jesse Alberto Loor (“Loor”) appeals the summary denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel. We have jurisdiction. Fla. R. App. P. 9.140(b)(1)(D). Because Loor’s claims were either legally insufficient or conclusively refuted by the record, we affirm. See Maxwell v. State, 937 So. 2d 216, 216 (Fla. 3d DCA 2006) (“The defendant appeals the trial court’s summary denial of his motion for post conviction relief alleging ineffective assistance of trial counsel. The defendant’s claims are legally insufficient and conclusively refuted by the record.”); 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); Rodriguez v. State, 219 So. 3d 751, 756 (Fla. 2017) (“We affirm the summary denial below because Rodriguez’s claims are conclusively refuted by the record.”). Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Franqui v. State, 59 So. 3d 82 (Fla. 2011)
- Maxwell v. State, 937 So. 2d 216 (Fla. 3d DCA 2006)
- Rodriguez v. State, 219 So. 3d 751 (Fla. 2017)