ROGER EUGENE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROGER EUGENE SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
828 So. 2d 409
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Roger Smith, Appellant, timely challenges the order summarily denying his untimely motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief without prejudice, concluding that the motion did not contain a sufficient oath. We affirm for a different reason: the motion was filed more than two years after the Appellant’s 1979 convictions became final, and the motion did not raise any exceptions to the time requirements of Rule 3.850(b). We write to foreclose any further rule 3.850 filings by Appellant that do not meet a timeliness exception.
GUNTHER, STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…summary denial of his Rule 3.800(a) motion to correct an illegal sentence. Because the motion was facially sufficient, and the trial court failed to attach record support for the denial, we conclude that a reversal is necessary.”); Felder v. State, 828 So. 2d 409, 410 (Fla. 5th DCA 2002) (“As explained in Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999), the burden is on the trial court to attach portions of the record refuting a defendant’s rule 3.800(a) claim.”); Stevens v. State, 818 So. 2d 599 (Fla. 5t…
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Martice D. Spears v. State, 920 So. 2d 187 (Fla. 2d DCA 2006)…time spent in jail for the charge that resulted in that sentence. See James v. State, 721 So. 2d 1265 (Fla. 3d DCA 1998). The burden is on the postconviction court to attach portions of the record refuting the rule 3.800(a) claim. Felder v. State, 828 So. 2d 409 (Fla. 5th DCA 2002). Accordingly, we reverse the order and remand for furthei proceedings. If the post-conviction court again denies Mr. Spears’ motion, it shall attach those portions of the record that conclusively refute the claim. Reversed and…
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Comesanas v. State (Fla. 3d DCA 2019)…o 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 [two] years after the judgment and sentence become final.”); Smith v. State, 828 So. 2d 409 (Fla. 4th DCA 2002) (finding that the summary denial of a postconviction relief motion was the proper disposition, as the motion was filed more than two years after the movant’s convictions became final, and failed to raise any exceptions to the tim…