MARY PATRICIA MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-10-06
No. 5D06-2584
PALMER, MONACO and LAWSON, JJ., concur.
941 So. 2d 1173 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of the motion for post-conviction relief pursuant to rule 3.850 because the motion was brought more than two years after appellant’s judgment and sentence became final. The filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window. See Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006).

AFFIRMED.

PALMER, MONACO and LAWSON, JJ., concur.


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  • Rogers v. State, 146 So. 3d 1263 (Fla. 2d DCA 2014)
    …eedings. NORTHCUTT, MORRIS, and BLACK, Concur. . In contrast, "[t]he filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window.” Martin v. State, 941 So. 2d 1173, 1173 (Fla. 5th DCA 2006) (citing Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006)).…
  • Hargroves v. R.J. Reynolds Tobacco Co., 993 So. 2d 978 (Fla. 2d DCA 2007)
    …nce between this directive and the one in Gardner disapproved of by the supreme court. In addition, the court’s directive is overbroad because it is not limited to documents that Hargroves has determined he will use at trial. See Kranias v. Tsiogas, 941 So. 2d 1173 (Fla. 2d DCA 2006). Accordingly, we grant the petition for writ of certiorari and quash that part of the discovery order directing Hargroves to identify which of the already produced documents is responsive to R.J. Reynolds’ request for production…
  • …erlooked its significance.¹ ¹ In contrast, "[t]he filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window." Martin v. State, 941 So. 2d 1173, 1173 (Fla. 5th DCA 2006) (citing Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006)). Once this court granted Rogers' petition for belated appeal, appellate case number 2D10-4415 was initiated. This court affirmed Rogers' j…

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