JAMES BELLAMY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the post-conviction motion was untimely filed and constitutional issues not raised in the trial court cannot be considered on appeal.
Bellamy appealed the denial of his post-conviction motion claiming ineffective assistance of counsel regarding guilty pleas in 1991 and 1996 cases. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Timeliness Of Motion cases and more on FLexlaw
Bellamy appeals from the denial of his post-conviction motion claiming ineffective assistance of counsel when he entered a guilty plea in his 1991 and 1996 criminal cases. The trial court treated the pleading as a Florida Rule of Criminal Procedure 3.850 motion and summarily denied it. We affirm.
The 3.850 motion from which this appeal is taken was untimely. Bellamy was sentenced in his 1991 case on January 26, 1993 and in his 1996 case on January 3, 1997. No appeals were taken. Thus, the motion was untimely because it was filed more than two years after the judgments and sentences in the two cases became final and Bellamy fails to allege any of the exceptions to the two year time limit are applicable. See Fla. R.Crim. P. 3.850(b).
Bellamy also seeks to raise for the first time in this court constitutional issues which can be raised any time, pursuant to error coram nobis. It appears that Bellamy currently resides in a New Jersey prison. However, these issues were not raised in the trial court below and therefore we will not consider them here. See Rosado v. State, 693 So. 2d 633 (Fla. 5th DCA 1997).
AFFIRMED.
THOMPSON, C.J., and GRIFFIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Barriera v. State, 843 So. 2d 331 (Fla. 5th DCA 2003)…PER CURIAM. AFFIRMED. Bellamy v. State, 834 So. 2d 897 (Fla. 5th DCA 2002). THOMPSON, C.J., PETERSON and MONACO, JJ., concur.…
Authorities Cited
- Kennis Lee Schummer v. State, 693 So. 2d 633 (Fla. 1st DCA 1997)
- Rosado v. State, 693 So. 2d 633 (Fla. 5th DCA 1997)