Background
Andrew Burgman, proceeding pro se, appealed from the Circuit Court for Volusia County in a proceeding under Florida Rule of Criminal Procedure 3.850. Circuit Judge A. Christian Miller handled the matter below.
The State of Florida made no appearance in the appeal. The Fifth District’s opinion does not describe Burgman’s conviction, his postconviction claims, the circuit court’s reasoning, or the issues raised on appeal.
The Court’s Holding
The Fifth District Court of Appeal affirmed the circuit court’s disposition. The court issued a per curiam decision consisting solely of the word “AFFIRMED.”
Because the opinion provides no analysis, it establishes only that the lower court’s result remained in place. It does not identify the grounds for affirmance or announce a rule of law concerning Burgman’s claims.
Key Takeaways
- The Fifth District affirmed the circuit court in Burgman’s Rule 3.850 appeal.
- The decision was per curiam and contained no explanation of the court’s reasoning.
- Judges Eisnaugle, Kilbane, and MacIver concurred.
Why It Matters
The decision ends this stage of Burgman’s postconviction appeal by leaving the circuit court’s disposition intact, subject to any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Its usefulness as guidance in other cases is limited because the court did not discuss the facts, claims, governing law, or basis for affirmance.