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Wilkins v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 2004
879 So. 2d 61 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D04-2632.

July 28, 2004.

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 Nos. 91-1191 CFA02, 91-3963 CFA02, 91-5675 CFA02, 91-6621 CFA02, 91-7134 CFA02, 95-8873 CFA02, 95-9111 CFA02, 95-11156 CFA02, 95-11661 CFA02, 98-366 CFA02, 98-1849 CFA02, 00-6221 CFA02.

Torrence Lenell Wilkins, Jesup, GA, pro se.

No appearance required for appellee.


The appellant sought relief from his guilty and no contest pleas in twenty separate cases from 1991 to 2000. The circuit court summarily denied relief as to all the felony convictions as the petition was untimely filed. We affirm as to these cases without comment. See Wood v. State, 750 So.2d 592, 595 (Fla. 1999) ("defendants adjudicated prior to this opinion shall have two years from the filing date within which to file claims traditionally cognizable under coram nobis.").

The affirmance is without prejudice to the cases not listed by the lower court order. The circuit court did not have jurisdiction to address claims related to these cases and properly excluded these cases from its order. If not procedurally barred, the appellant may seek relief on the misdemeanor and traffic cases in the appropriate court. See State v. Woods, 400 So.2d 456, 457 (Fla. 1981) ("where no appeal of the judgment has been sought . . . the petition must be made to the original trial court.").

STONE, SHAHOOD and GROSS, JJ., concur.


Summaries of

Wilkins v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 2004
879 So. 2d 61 (Fla. Dist. Ct. App. 2004)
Case details for

Wilkins v. State

Case Details

Full title:Torrence Lenell WILKINS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 28, 2004

Citations

879 So. 2d 61 (Fla. Dist. Ct. App. 2004)

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