Washington v. State

Full title: GEORGE WASHINGTON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 21, 1987

505 So. 2d 687 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-806.

April 21, 1987.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Amy Steele Donner, Judge.

George Washington, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

Where, as here, the defendant's judgment and sentence became final prior to January 1, 1985, and his motion to vacate and set aside his conviction and sentence was filed after January 1, 1987, the trial court correctly denied the motion as untimely under the express language of Florida Rule of Criminal Procedure 3.850.

Affirmed.