Buchanan v. State — Fifth District summarily affirmed in a Rule 3.850 appeal

Case
Brian H. Buchanan v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Makar; Harris; Soud
Date Decided
October 20, 2026
Docket No.
5D2025-1231
Topics
Criminal Appeals; Postconviction Relief; Rule 3.850
Source
Read the full opinion

Background

Brian H. Buchanan appealed in a proceeding identified by the Fifth District Court of Appeal as a Florida Rule of Criminal Procedure 3.850 appeal. The appeal arose from the Circuit Court for Marion County, where Judge Timothy Thomas McCourt presided, under lower-tribunal case number 2013-CF-001613-A.

The appellate opinion does not describe Buchanan’s conviction, the claims raised in his Rule 3.850 proceeding, the circuit court’s reasoning, or the arguments presented on appeal.

The Court’s Holding

The Fifth District Court of Appeal affirmed the circuit court’s disposition. The court issued only the word “AFFIRMED” and provided no substantive analysis or explanation.

The decision was per curiam, with Judges Makar, Harris, and Soud concurring. Because the opinion contains no reasoning, it does not identify any particular legal rule or factual ground supporting the affirmance.

Key Takeaways

  • The Fifth District affirmed in Buchanan’s Rule 3.850 appeal.
  • The per curiam opinion provides no explanation of the claims, facts, or basis for affirmance.
  • The panel identified in the opinion consists of Judges Makar, Harris, and Soud.

Why It Matters

The decision leaves the circuit court’s disposition in place but supplies no written reasoning for attorneys or lower courts to apply in other cases. Its significance is therefore limited to the result in Buchanan’s appeal.

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