MARCELYN MATHIEU,
v.
THE STATE OF FLORIDA,

Fla. 3d DCA | 2023-04-05
No. 2022-1520
Florida District Court of Appeal, Third District (2023)


Opinion of the Court

PER CURIAM.

Affirmed. See Fla. R. Crim. P. 3.850(b) (“A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final . . . .”); Cave v. State, 289 So. 3d 980, 981 (Fla. 1st DCA 2020) (“For purposes of [Florida Rule of Criminal Procedure 3.850], the two-year period begins to run when appellate proceedings have concluded and the court issues a mandate . . . .”); Mathieu v. State, 258 So. 3d 528, 529 (Fla. 3d DCA 2018) (affirming defendant’s conviction by jury and sentence on charges of second-degree murder with a firearm and accessory after the fact); see also Card v. Dugger, 512 So. 2d 829, 830 (Fla. 1987) (“Where an initial motion for post-conviction relief raises the claim of ineffective assistance of counsel, the trial court may summarily deny a successive motion which raises additional grounds for ineffective assistance of counsel.”).


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