Summary
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
Summary of this case from Comesanas v. StateOpinion
Case No. 4D02-2872
Opinion filed September 25, 2002 Rehearing Denied November 1, 2002.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack H. Cook, Judge; L.T. Case No. 79-341 CFA02.
Roger Eugene Smith, Menard, Illinois, pro se.
No appearance required for appellee.
Roger Smith, Appellant, timely challenges the order summarily denying his untimely motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief without prejudice, concluding that the motion did not contain a sufficient oath. We affirm for a different reason: the motion was filed more than two years after the Appellant's 1979 convictions became final, and the motion did not raise any exceptions to the time requirements of Rule 3.850(b). We write to foreclose any further rule 3.850 filings by Appellant that do not meet a timeliness exception.
GUNTHER, STEVENSON and GROSS, JJ., concur.