Ham v. State — Conviction or postconviction ruling affirmed without a written opinion

Case
Ottis Lee Ham v. State of Florida
Court
Florida Second District Court of Appeal
Judge
Silberman; Rothstein-Youakim; Labrit
Date Decided
August 26, 2026
Docket No.
2D2026-1390
Topics
Criminal Appeals; Summary Affirmance; Postconviction Procedure
Source
Read the full opinion

Background

Ottis Lee Ham appealed from the Circuit Court for Pinellas County, where Circuit Judge Philip James Federico presided. The appellate proceeding was brought under Florida Rule of Appellate Procedure 9.141(b)(2), which governs certain appeals in postconviction proceedings.

The Second District’s opinion does not describe Ham’s underlying conviction, the relief he sought, the circuit court’s reasoning, or the issues he raised on appeal.

The Court’s Holding

The Florida Second District Court of Appeal affirmed the circuit court’s ruling. The court issued its decision per curiam, with Judges Silberman, Rothstein-Youakim, and Labrit concurring.

The opinion contains no legal analysis or explanation beyond the word “Affirmed.” It therefore resolves Ham’s appeal but does not state the grounds for affirmance or announce a substantive rule of law.

Key Takeaways

  • The Second District affirmed the Pinellas County circuit court’s ruling.
  • The appeal proceeded under Florida Rule of Appellate Procedure 9.141(b)(2).
  • Because the court provided no reasoning, the opinion does not explain why Ham’s arguments failed or establish a stated legal rule.

Why It Matters

The decision leaves the circuit court’s ruling intact and ends this stage of Ham’s appellate proceeding. Its practical effect is case-specific because the Second District did not issue a reasoned opinion addressing the merits.

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