BERNARD PARKS
v.
STATE OF FLORIDA
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A trial court may properly deny an untimely Rule 3.170(l) motion without prejudice to the defendant's right to seek post-conviction relief under Rule 3.850.
[1] A trial court may deny an untimely motion under Florida Rule of Criminal Procedure 3.170(l) without prejudice to the defendant's right to seek relief under Rule 3.850.
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Join FLexlaw to unlock all legal intelligenceBernard Parks appealed from the circuit court's denial of his Rule 3.170(l) motion. The motion appears to have been filed outside the applicable time …
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November 30, 2018 PER CURIAM. AFFIRMED. See Weidner v. State, 767 So. 2d 604 (Fla. 4th DCA 2000) (affirming denial of untimely rule 3.170(l) motion without prejudice to the appellant’s right to seek relief under rule 3.850). RAY, KELSEY, and JAY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.