No. 2D08-2839.
November 21, 2008.
Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Richard A. Luce, Judge.
Affirmed. See Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999); Powell v. State, 979 So. 2d 1062 (Fla. 3d DCA 2008).
STRINGER, SILBERMAN, and KELLY, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Full title:HARRY ELWOOD PENNEY, Appellant, v. STATE OF FLORIDA, Appellee
Court:District Court of Appeal of Florida, Second District
Date published: Nov 21, 2008
After filing one tolling motion that pended in the state courts for nearly two years, Penney filed a motion…
Penney v. Secretary, Department of CorrectionsOn November 21, 2008, the State District Court of Appeal affirmed the trial court's order with citation.…