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Bennett v. State

District Court of Appeal of Florida, Fifth District
Jul 8, 2005
905 So. 2d 1038 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-1468.

July 8, 2005.

3.850 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.

Johnny R. Bennett, pro se.

No Appearance for Appellee.


Bennett appeals from the circuit court's summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, seeking post-conviction relief. We affirm because it is clear Bennett's rule 3.850 motion was untimely. It was filed more than two years after his judgment and sentence became final. See Fla.R.Crim.P. 3.850(b). Bennett failed to allege any exceptions to the time limitations provided in the rule.

AFFIRMED.

SHARP, W., PALMER and ORFINGER, JJ., concur.


Summaries of

Bennett v. State

District Court of Appeal of Florida, Fifth District
Jul 8, 2005
905 So. 2d 1038 (Fla. Dist. Ct. App. 2005)
Case details for

Bennett v. State

Case Details

Full title:JOHNNY R. BENNETT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 8, 2005

Citations

905 So. 2d 1038 (Fla. Dist. Ct. App. 2005)