Opinion
No. 99-0112
Opinion filed May 5, 1999.
An appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Alex E. Ferrer, Judge, L.T. No. 94-28907.
Oscar Restrepo, in proper person.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.
Before COPE, FLETCHER and SORONDO, JJ.
Although the plea colloquy seems clear, defendant-appellant Oscar Restrepo moves for postconviction relief, contending that he did not understand the length of the incarceration being imposed and that his plea was therefore involuntary. A claim of involuntary plea must be brought under Florida Rule of Criminal Procedure 3.850, see id. R. 3.850(a), and is subject to a two-year time limitation. See id. R. 3.850(b). As no facts have been shown which would excuse the failure to file within the two-year deadline, the order denying postconviction relief is affirmed.