Laboy v. State

Full title: Jose LaBOY, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 20, 2008

989 So. 2d 702 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-2346.

August 20, 2008.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 07-19711 CF10A.

Jose Laboy, Belle Glade, pro se.

No response required for appellee.

PER CURIAM.

The dismissal of appellant's rule 3.170( l) motion as untimely is affirmed without prejudice for appellant to file a motion pursuant to Florida Rule of Criminal Procedure 3.850. See Douze v. State, 945 So.2d 653 (Fla. 4th DCA 2007); Murray v. State, 909 So.2d 998 (Fla. 2d DCA 2005); Weidner v. State, 767 So.2d 604 (Fla. 4th DCA 2000).

FARMER, TAYLOR and DAMOORGIAN, JJ., concur.