ROBERT JOHN DOYLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT JOHN DOYLE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
77 So. 3d 817
Florida District Court of Appeal, Third District (2012)
Opinion of the Court
The defendant’s motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant’s conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So.3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So.2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hilbert v. State, 661 So. 2d 895 (Fla. 3d DCA 1995)
- Ophatell Clark v. State, 43 So. 3d 154 (Fla. 4th DCA 2010)
- Rivas v. State, 43 So. 3d 154 (Fla. 3d DCA 2010)