Suarez v. State

Full title: ALEXANDER H. SUAREZ, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 30, 2002

805 So. 2d 1071 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-2322

Opinion filed January 30, 2002. Rehearing Denied February 20, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. Lower Tribunal Nos. 89-5941, 90-45979.

Alexander H. Suarez, in proper person.

Robert A. Butterworth, Attorney General, and Andrea D. England, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., JORGENSON, J., and NESBITT, Senior Judge.

PER CURIAM.

We affirm on the authority of Wood v. State, 750 So.2d 592, 595 (Fla. 1999) (holding that "all defendants adjudicated prior to this opinion shall have two years from the filing date within which to file claims traditionally cognizable under coram nobis"). Defendant was adjudicated prior to the Wood decision. He filed his petition for writ of error coram nobis, which we treat as a motion for rule 3.850 relief, after May 27, 2001, and beyond the two-year limit. See Wood, 750 So.2d at 595.

Accordingly, the order on appeal is AFFIRMED.