Clayton v. State

Full title: RONALD CLAYTON, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 13, 2005

Case No. 3D05-562 (Fla. Dist. Ct. App. Apr. 13, 2005)

Opinion

Case No. 3D05-562.

Opinion filed April 13, 2005.

An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge, Lower Tribunal No. 99-21008.

Ronald Clayton, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, SHEPHERD, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

The defendant appeals the trial court's denial of his Motion for Post-Conviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm.

The defendant was tried and convicted for the offenses of robbery and burglary of a conveyance. The judgment and the sentence were affirmed on direct appeal on April 16, 2002.

On December 23, 2004, the defendant filed his motion seeking post-conviction DNA testing, which was denied by the trial court on January 7, 2005, as untimely. We agree.

Rule 3.853(d) provides that motions for post-conviction DNA testing must be filed within two years following the date the conviction was affirmed on direct appeal, if an appeal was taken. The defendant's motion was therefore untimely.

Affirmed.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.