Parfrey — Fifth District affirms in Rule 3.850 appeal without a written explanation

Case
Robert Parfrey v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Makar; Soud; Kilbane
Date Decided
October 13, 2026
Docket No.
5D2026-0624
Topics
Postconviction Proceedings; Rule 3.850; Summary Affirmance
Source
Read the full opinion

Background

Robert Parfrey, proceeding pro se, appealed from a ruling of the Circuit Court for Hernando County in a proceeding under Florida Rule of Criminal Procedure 3.850. The circuit-court case number was 2017-CF-000938-A, and Circuit Judge Daniel B. Merritt, Jr., handled the matter below.

The State was represented on appeal by Attorney General James Uthmeier and Assistant Attorney General Kaylee D. Tatman. The appellate opinion does not describe Parfrey’s claims, the circuit court’s reasoning, or the specific nature of the ruling under review.

The Court’s Holding

The Fifth District Court of Appeal affirmed the circuit court’s ruling. Its per curiam opinion consists solely of the disposition “AFFIRMED” and provides no explanation of the court’s reasoning.

Judges Makar, Soud, and Kilbane concurred. The opinion states that it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The Fifth District affirmed the ruling under review in Parfrey’s Rule 3.850 appeal.
  • The court issued a per curiam affirmance without explaining the facts, claims, or legal analysis.
  • The opinion does not identify the precise circuit-court ruling or provide a basis for the affirmance.

Why It Matters

The decision ends the appeal at the Fifth District unless further relief is sought through an authorized post-decision procedure. Because the court supplied no reasoning, the opinion offers no substantive guidance on Rule 3.850 standards or the merits of Parfrey’s claims.

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