RICHARD BEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
We affirm the trial court’s summary denial of appellant’s untimely motion for postconviction relief. On appeal, appellant argues that he should have been afforded an evidentiary hearing on his allegations that counsel was asked to file the motion within two years of discovery of the alleged misadvice about the immigration consequences of the plea. We reject this argument.
The two-year time limit for filing a post-conviction motion runs from the date the conviction and sentence become final, not from when a defendant discovers misad-vice. Mortimer v. State, 96 So.3d 1060, 1063 (Fla. 4th DCA 2012); State v. Green, 944 So.2d 208 (Fla.2006). The motion is untimely and no valid exception was alleged.
Affirmed.
TAYLOR, CIKLIN and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corbin v. State, 154 So. 3d 448 (Fla. 3d DCA 2014)…PER CURIAM. Affirmed. See Hernandez v. State, 124 So. 3d 757 (Fla.2012); Bee v. State, 132 So. 3d 857 (Fla. 4th DCA 2013); Mortimer v. State, 96 So. 3d 1060 (Fla. 4th DCA 2012).…
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Wallace v. State, 264 So. 3d 389 (Fla. 5th DCA 2019)
Authorities Cited
- State v. Owran Green, 944 So. 2d 208 (Fla. 2006)
- Mortimer v. State, 96 So. 3d 1060 (Fla. 4th DCA 2012)