Opinion
No. 3D19-1398
09-04-2019
Leonardo COMESANAS, Appellant, v. The STATE of Florida, Appellee.
Leonardo Comesanas, in proper person. Ashley Moody, Attorney General, for appellee.
Leonardo Comesanas, in proper person.
Ashley Moody, Attorney General, for appellee.
Before SALTER, MILLER and GORDO, JJ.
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.850(b) ("A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than [two] years after the judgment and sentence become final."); Smith v. State, 828 So. 2d 409 (Fla. 4th DCA 2002) (finding that the summary denial of a postconviction relief motion was the proper disposition, as the motion was filed more than two years after the movant's convictions became final, and failed to raise any exceptions to the time requirements); see also Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) ("The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.") (citation omitted).