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Armstrong v. State

District Court of Appeal of Florida, Fourth District.
May 9, 2012
88 So. 3d 360 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D11–377.

2012-05-9

Gerald D. ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; William L. Roby, Judge; L.T. Case Nos. 562007CF003394A and 562007CF003393A. Gerald D. Armstrong, Stuart, pro se. No appearance required for appellee.


Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; William L. Roby, Judge; L.T. Case Nos. 562007CF003394A and 562007CF003393A.
Gerald D. Armstrong, Stuart, pro se. No appearance required for appellee.
PER CURIAM.

We affirm the trial court's order denying appellant's rule 3.850 motion as untimely. Appellant did not establish an exception to the time limitation. Fla. R.Crim. P. 3.850(b). Appellant suggests that his ability to file a timely motion to withdraw plea was frustrated by the ineffectiveness of counsel that represented him on the plea. However, counsel's alleged deficiencies did not interfere with appellant's ability to file a timely motion for post-conviction relief. Appellant filed two sets of timely post-conviction motions which were dismissed for procedural deficiencies without prejudice to refile. Appellant failed to file a proper motion within the two-year time limit. In an abundance of caution, we have considered the merits of appellant's claims. His motion established no basis for post-conviction relief. His claim that his convictions for failure to register as a sexual offender violate his “ ex post facto rights” is without merit. See Smith v. Doe, 538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003); Simmons v. State, 753 So.2d 762 (Fla. 4th DCA 2000).

Affirmed.

WARNER, POLEN and DAMOORGIAN, JJ., concur.


Summaries of

Armstrong v. State

District Court of Appeal of Florida, Fourth District.
May 9, 2012
88 So. 3d 360 (Fla. Dist. Ct. App. 2012)
Case details for

Armstrong v. State

Case Details

Full title:Gerald D. ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: May 9, 2012

Citations

88 So. 3d 360 (Fla. Dist. Ct. App. 2012)