Doyle v. State

Full title: Robert John Doyle, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Jan 4, 2012

No. 3D11-2861 (Fla. Dist. Ct. App. Jan. 4, 2012)

Opinion

No. 3D11-2861 Lower Tribunal No. 84-5121

01-04-2012

Robert John Doyle, Appellant, v. The State of Florida, Appellee.

Robert John Doyle, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge.

Robert John Doyle, in proper person.

Pamela Jo Bondi, Attorney General, for appellee. Before SHEPHERD, SUAREZ, and SALTER, JJ.

PER CURIAM.

The defendant's motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant's conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So. 3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So. 2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.

Affirmed.