EDMUND KITE MCINTYRE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-04-10
No. 90-0310
Before BASKIN, FERGUSON and GERSTEN, JJ.
559 So. 2d 388 Florida District Court of Appeal, Third District (1990)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Edmund Kite McIntyre, appeals from a trial court order denying his motion for post-conviction relief. We affirm the order of the trial court based upon a holding that the motion was untimely filed pursuant to the two-year limitations period prescribed in rule 3.850, Florida Rules of Criminal Procedure; and appellant’s claims do not fall within either of the two exceptions to application of the time limit set forth in that rule. Johnson v. State, 536 So. 2d 1009 (Fla.1989); Delap v. State, 513 So. 2d 1050 (Fla.1987); Saccucci v. State, 546 So. 2d 1154 (Fla. 2d DCA 1989); see Whiddon v. Dugger, 894 F. 2d 1266 (11th Cir.1990).

Affirmed.


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