HENRY MARTIN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HENRY MARTIN DAVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
498 So. 2d 607
Florida District Court of Appeal, Second District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Henry Davis appeals the summary denial of a “motion for enlargement of time in which to file petition for post-conviction relief.” We need discuss neither the ap-pealability of the lower court’s order nor the constitutional challenges posed by Davis to the two-year time limitation recently included in Florida Rule of Criminal Procedure 3.850, because Davis appears to operate under the mistaken belief his motion for post-conviction relief had to be filed before January 1, 1986. The deadline has been advanced one year, and therefore Davis may yet submit his motion without running afoul of the rule. Accordingly the order of the trial court, which points out this fact, is affirmed.
DANAHY, C.J., and SCHOONOVER and FRANK, JJ., concur.
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Rainey v. State, 528 So. 2d 528 (Fla. 2d DCA 1988)…r stated that all allegations contained in the affidavit resulted in a probation violation. It was, therefore, improper to find him guilty of violating condition number nine, and we strike that portion of the revocation order. See Reynolds v. State, 498 So. 2d 607 (Fla. 2d DCA 1986). Otherwise, the trial court s revocation order is affirmed. Affirmed. DANAHY, A.C.J., and SCHOONOVER, J., concur.…
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Cunningham v. State, 575 So. 2d 1375 (Fla. 2d DCA 1991)…osts of supervision, one of the grounds upon which his probation was violated. We therefore strike from the order of revocation any reference to condition number 2. See Rainey v. State, 528 So. 2d 528 [*1376] (Fla. 2d DCA 1988); Reynolds v. State, 498 So. 2d 607 (Fla. 2d DCA 1986). SCHOONOVER, C.J., and ALTENBERND, JJ., concur.…