JOHN A. TURNER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-05-30
No. 18-0996
Friedman, Renwick, Manzanet-Daniels, Kapnick, Gesmer
271 So. 3d 1251 Florida District Court of Appeal, First District (2019)

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Holding

A postconviction motion challenging a conviction must be filed within the time period prescribed by law, and untimely filings will be dismissed absent a valid exception.


Headnotes

[1] A motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 must be filed within the time period prescribed by rule, and absent a valid exception to…

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Facts & Procedural History

Turner appealed from a circuit court decision dismissing his postconviction relief motion. He filed the motion outside the permitted timeframe and all…

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Opinion of the Court

_____________________________ On appeal from the Circuit Court for Leon County. Martin A. Fitzpatrick, Judge.

May 30, 2019 PER CURIAM.

We agree with the trial court that Appellant failed to file his motion for postconviction relief within the time permitted by law and failed to allege any valid exception to that time period. See Fla. R. Crim. P. 3.850(b).

AFFIRMED.

LEWIS, WETHERELL, and WINOKUR, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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