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Brown v. State

District Court of Appeal of Florida, Second District
Aug 21, 1991
584 So. 2d 224 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-02350.

August 21, 1991.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Highlands County; Joe R. Young, Jr., Judge.


Troy Brown appeals the summary denial of his motion for postconviction relief. The record reveals that Brown's notice of appeal was not filed within thirty days of the order under review. Accordingly, we dismiss this appeal as untimely. See Fla. R.App.P. 9.140(b)(2). In any event, the issues presented in the motion should have been raised, if at all, on direct appeal from the judgment and sentence and therefore are inappropriate for a postconviction proceeding. Spencer v. State, 389 So.2d 652 (Fla. 1st DCA 1980).

Appeal dismissed.

RYDER, A.C.J., and DANAHY and LEHAN, JJ., concur.


Summaries of

Brown v. State

District Court of Appeal of Florida, Second District
Aug 21, 1991
584 So. 2d 224 (Fla. Dist. Ct. App. 1991)
Case details for

Brown v. State

Case Details

Full title:TROY KENT BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 21, 1991

Citations

584 So. 2d 224 (Fla. Dist. Ct. App. 1991)