Background
Jose Guerrero Lozano, Jr., acting without counsel, appealed from the Circuit Court for Collier County in proceedings associated with lower-tribunal case numbers 1991-CF-000999 and 2021-CF-002199. Circuit Judge John McGowan entered the order under review.
The appeal proceeded under Florida Rule of Appellate Procedure 9.141(b)(2), which governs certain appeals from summary postconviction orders. The Sixth District’s opinion does not describe Lozano’s claims, the circuit court’s reasoning, or the underlying facts.
The Court’s Holding
The Florida Sixth District Court of Appeal affirmed the circuit court’s order. The court issued a per curiam decision consisting only of the word “AFFIRMED.”
Because the court supplied no reasoning, the opinion establishes only that the challenged order remained in effect. It does not identify the legal grounds for affirmance or expressly decide any described issue of law.
Key Takeaways
- The Sixth District affirmed the circuit court’s order in Lozano’s postconviction appeal.
- The court issued an unexplained per curiam affirmance and did not discuss the facts, claims, or applicable law.
- Chief Judge Traver and Judges Brownlee and Pratt concurred in the disposition.
Why It Matters
The ruling ends this stage of Lozano’s challenge while leaving the circuit court’s order intact. Because the appellate court provided no written analysis, the decision offers no stated rationale for attorneys to apply in other cases.