From Casetext: Smarter Legal Research

Smith v. State

District Court of Appeal of Florida, Fourth District
Sep 25, 2002
828 So. 2d 409 (Fla. Dist. Ct. App. 2002)

Summary

finding that the summary denial of a postconviction relief motion was the proper disposition, as the motion was filed more than two years after the movant's convictions became final, and failed to raise any exceptions to the time requirements

Summary of this case from Comesanas v. State

Opinion

Case No. 4D02-2872

Opinion filed September 25, 2002 Rehearing Denied November 1, 2002.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack H. Cook, Judge; L.T. Case No. 79-341 CFA02.

Roger Eugene Smith, Menard, Illinois, pro se.

No appearance required for appellee.


Roger Smith, Appellant, timely challenges the order summarily denying his untimely motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief without prejudice, concluding that the motion did not contain a sufficient oath. We affirm for a different reason: the motion was filed more than two years after the Appellant's 1979 convictions became final, and the motion did not raise any exceptions to the time requirements of Rule 3.850(b). We write to foreclose any further rule 3.850 filings by Appellant that do not meet a timeliness exception.

GUNTHER, STEVENSON and GROSS, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fourth District
Sep 25, 2002
828 So. 2d 409 (Fla. Dist. Ct. App. 2002)

finding that the summary denial of a postconviction relief motion was the proper disposition, as the motion was filed more than two years after the movant's convictions became final, and failed to raise any exceptions to the time requirements

Summary of this case from Comesanas v. State
Case details for

Smith v. State

Case Details

Full title:ROGER EUGENE SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 25, 2002

Citations

828 So. 2d 409 (Fla. Dist. Ct. App. 2002)

Citing Cases

Comesanas v. State

Affirmed. See Fla. R. Crim. P. 3.850(b) ("A motion to vacate a sentence that exceeds the limits provided by…