Opinion
No. 90-0310.
April 10, 1990.
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
Edmund Kite McIntyre, in pro. per.
Robert A. Butterworth, Atty. Gen., for appellee.
Before BASKIN, FERGUSON and GERSTEN, JJ.
Appellant, Edmund Kite McIntyre, appeals from a trial court order denying his motion for post-conviction relief. We affirm the order of the trial court based upon a holding that the motion was untimely filed pursuant to the two-year limitations period prescribed in rule 3.850, Florida Rules of Criminal Procedure; and appellant's claims do not fall within either of the two exceptions to application of the time limit set forth in that rule. Johnson v. State, 536 So.2d 1009 (Fla. 1989); Delap v. State, 513 So.2d 1050 (Fla. 1987); Saccucci v. State, 546 So.2d 1154 (Fla. 2d DCA 1989); see Whiddon v. Dugger, 894 F.2d 1266 (11th Cir. 1990).
Affirmed.