Desrivieres — affirmed denial of postconviction relief

Case
Charles Desrivieres v. State of Florida
Court
Florida Fourth District Court of Appeal
Judge
MAY (Jeb Bush, 2001); KUNTZ (Rick Scott, 2016)
Date Decided
July 23, 2026
Docket No.
4D2026-0160
Topics
Postconviction Relief; Rule 3.850; Criminal Appeals
Source
Read the full opinion

Background

Charles Desrivieres appealed from a ruling on his Florida Rule of Criminal Procedure 3.850 motion in the Circuit Court for the Nineteenth Judicial Circuit in Martin County. Circuit Judge William Loy Roby presided over the lower-court matter, docketed as 432023CF000574CFAXMX.

Desrivieres represented himself on appeal. The State was represented by the Florida Attorney General’s Office.

The Court’s Holding

The Fourth District Court of Appeal affirmed the circuit court’s ruling.

The per curiam decision provided no reasoning and did not describe Desrivieres’s claims or the grounds for the circuit court’s decision. Judges May, Kuntz, and Shaw concurred.

Key Takeaways

  • The Fourth District affirmed the ruling on Desrivieres’s Rule 3.850 motion.
  • The court issued a per curiam affirmance without a written explanation.
  • The opinion does not identify the postconviction claims presented or establish a stated rule of law.

Why It Matters

The decision leaves the circuit court’s ruling in place but supplies no written analysis for litigants or courts to apply in other cases. Because the opinion does not disclose the issues raised or explain the basis for affirmance, its broader guidance is limited.

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