Davis v. State

Full title: DONALD GENE DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: May 12, 1995

654 So. 2d 667 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-962.

May 12, 1995.

Appeal from the Circuit Court for Brevard County; Frank Pound, Judge.

Donald Gene Davis, Sneads, pro se.

No appearance for appellee.

PER CURIAM.

AFFIRMED. The trial court's summary denial of Donald Gene Davis' 3.850¹ motion for post-conviction relief was correct. The motion was untimely because it was filed more than two years after the judgment and sentence became final. See Bundy v. State, 538 So.2d 445 (Fla. 1989); Fla.R.Crim.R. 3.850.

1 Fla.R.Crim.P. 3.850.

COBB, W. SHARP and THOMPSON, JJ., concur.