JEFFREY RAY SUNDWALL
v.
STATE OF FLORIDA
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A post-conviction relief claim under Florida Rule of Criminal Procedure 3.850 is time-barred when not filed within two years of the judgment of conviction.
“This claim raises factual issues which must be brought by a motion under Florida Rule of Criminal Procedure 3.850 and is subject to the two-year time limitation contained in that rule.”
Court explaining the procedural requirements and temporal constraints for post-conviction relief claims
Sundwall filed a post-conviction motion seeking relief from his conviction. The motion was filed outside the two-year window prescribed by Rule 3.850.…
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PER CURIAM.
Affirmed. See Dol v. State, 900 So. 2d 624, 625 (Fla. 3d DCA 2005) ("This claim raises factual issues which must be brought by a motion under Florida Rule of Criminal Procedure 3.850 and is subject to the two-year time limitation contained in that rule. See Fla. R. Crim. P. 3.850(b); State v. Mancino, 705 So. 2d 1379, 1381 (Fla. 1998). This claim is time-barred.").
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Citator
Authorities Cited
- State v. Mancino, 705 So. 2d 1379 (Fla. 1998)
- Chestnut v. State, 900 So. 2d 624 (Fla. 4th DCA 2005)