JOSE LABOY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-08-20
No. 4D08-2346
FARMER, TAYLOR and DAMOORGIAN, JJ., concur.
989 So. 2d 702 Florida District Court of Appeal, Fourth District (2008)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The dismissal of appellant’s rule 3.170(i) motion as untimely is affirmed without prejudice for appellant to file a motion pursuant to Florida Rule of Criminal Procedure 3.850. See Douze v. State, 945 So. 2d 653 (Fla. 4th DCA 2007); Murray v. State, 909 So. 2d 998 (Fla. 2d DCA 2005); Weidner v. State, 767 So. 2d 604 (Fla. 4th DCA 2000).

FARMER, TAYLOR and DAMOORGIAN, JJ., concur.


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