DAMIAN FERNANDEZ-TELLEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2012-06-06

No. 3D12-221

Before SALTER and EMAS, JJ., and SCHWARTZ, Senior Judge.

89 So. 3d 1070 Florida District Court of Appeal, Third District (2012) Positive Treatment

Cited by 4 cases

Topics

Time-Barred Claims Credit For Time Served Florida Rule Of Criminal Procedure 3.800(A) Florida Rule Of Criminal Procedure 3.850

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Opinion of the Court

PER CURIAM.

We affirm the trial court’s order denying Appellant’s motion, which sought an award of additional credit for time served. Although Appellant’s motion was brought in the alternative under Florida Rules of Criminal Procedure 3.800(a) and Rule 3.850, Appellant is not entitled to relief under either provision. His claims are not properly brought under Rule 3.800(a), see Johnson v. State, 60 So.3d 1045 (Fla. 2011); Crawford v. State, 77 So.3d 807 (Fla. 3d DCA 2011), and are time-barred under Rule 3.850(b) (a motion for postcon-viction relief will not be considered if filed more than two years after the judgment and sentence become final, subject to exceptions for newly-discovered evidence, retroactive application of a fundamental *1071constitutional right, or failure of retained counsel to file a timely postconviction motion).1

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Bernardo Ruiz v. State, 127 So. 3d 580 (Fla. 4th DCA 2012)

…PER CURIAM. Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla.2011); Fernandez-Tellez v. State, 89 So. 3d 1070 (Fla. 3d DCA 2012). MAY, C.J., TAYLOR and GERBER, JJ., concur.…
Carnet v. State, 223 So. 3d 1093 (Fla. 3d DCA 2017)

…ical deficiency in the charging document constitutes a waiver, and the time to raise a challenge to the charging document is prior to the jury’s verdict so the deficiency can be cured, not after the verdict is rendered.”); Fernandez-Tellez v. State, 89 So. 3d 1070, 1070-71 (Fla. 3d DCA 2012) (“[A] motion for postconviction relief will not be considered if filed more than two years after the judgment and sentence become final, subject to exceptions for newly-discovered evidence, retroactive application of a fu…

Authorities Cited

Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)
Perez v. State, 870 So. 2d 865 (Fla. 3d DCA 2004)
Crawford v. State, 77 So. 3d 807 (Fla. 3d DCA 2011)

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