Opinion
No. 94-3302.
April 26, 1995.
Appeal from of order denying rule 3.850 motion from the Circuit Court for Broward County; Howard M. Zeidwig, Judge.
Natividad Serrano, Zephyrhills, pro se appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ettie A. Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee.
Natividad Serrano appeals from an order summarily denying his motion for post-conviction relief. He raises four points on appeal. We find that three of those points are time-barred because Serrano failed to raise them within two years of the time that his sentence became final, as required by rule 3.850(b). However, we find one issue on appeal — regarding Serrano's claim that the sentences are excessive and illegal — to be facially sufficient and remand for an evidentiary hearing or attachment of those portions of the record refuting Serrano's claim that his sentence is in excess of the maximum authorized by law.
GUNTHER, POLEN and KLEIN, JJ., concur.