Background
Celestor O. Gregory appealed an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The order came from the Circuit Court for the Nineteenth Judicial Circuit in Indian River County, with Judge Rebecca White presiding.
Gregory represented himself on appeal. The State was not required to appear.
The Court’s Holding
The Florida Fourth District Court of Appeal affirmed the order denying Gregory’s Rule 3.850 motion.
The per curiam opinion provided no reasoning or discussion of Gregory’s claims. Chief Judge Gerber and Judges Gross and Shaw concurred.
Key Takeaways
- The Fourth District left the denial of Gregory’s postconviction motion in place.
- The court issued a per curiam affirmance without a written explanation.
- The decision was not final until disposition of any timely filed motion for rehearing.
Why It Matters
The decision ends Gregory’s appeal from the denial of Rule 3.850 relief unless further review or rehearing is available and pursued. Because the court supplied no reasoning, the opinion offers no substantive guidance on postconviction standards or the merits of Gregory’s claims.