
    Charles Edward EUBANKS, Sr., Appellant, v. STATE of Florida, Appellee.
    No. 5D03-2278.
    District Court of Appeal of Florida, Fifth District.
    June 11, 2004.
    James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.
    Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED. See Windom v. State, 29 Fla. L. Weekly S191, — So.2d -, 2004 WL 1057640 (Fla. May 6, 2004) (holding that in reviewing an order on a motion for post conviction relief, the trial court’s factual findings are to be given deference); see also Foster v. State, 810 So.2d 910 (Fla.2002) (holding that it is not necessary for a trial court to conduct an evidentiary hearing on claims raised in a post conviction motion that are facially invalid or conclusively refuted by the record).

THOMPSON, MONACO and TORPY, JJ., concur.  