OSCAR RESTREPO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
OSCAR RESTREPO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
732 So. 2d 441
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Although the plea colloquy seems clear, defendant-appellant Oscar Restrepo moves for postconviction relief, contending that he did not understand the length of the incarceration being imposed and that his plea was therefore involuntary. A claim of involuntary plea must be brought under Florida Rule of Criminal Procedure 3.850, see id. R. 3.850(a), and is subject to a two-year time limitation. See id. R. 3.850(b). As no facts have been shown which would excuse the failure to file within the two-year deadline, the order denying postcon-viction relief is affirmed.
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Johnson v. State, 873 So. 2d 558 (Fla. 1st DCA 2004)…IAM. The trial court erred in failing to give appellant, Donald Johnson, the opportunity to present evidence or submissions relevant to sentencing before imposing sentence, pursuant to Florida Rule of Criminal Procedure 3.720(b). Whitlow v. State, 732 So. 2d 441 (Fla. 1st DCA 1999); Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999); Beecham v. State, 652 So. 2d 1275 (Fla. 3d DCA 1995). The state concedes error. We reject Johnson’s contention that he must be resentenced before a different judge. There has…