CLARENCE SIMMONS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CLARENCE SIMMONS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
510 So. 2d 365
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Simmons appeals the summary denial of his motion for post conviction relief.. All defendants whose judgments and sentences became final prior to January 1, 1985 had only until January 1, 1987 to file for relief under Florida Rule of Criminal Procedure 3.850. The Florida Bar re Amendment to Rules of Criminal Procedure (Rule 3.850), 460 So. 2d 907, 908 (Fla.1984); Fla.R. Crim.P. 3.850. Simmons’s judgment and sentence were finalized on May 26, 1981, but he failed to file his Rule 3.850 motion until March 5, 1987, more than three months after the January 1 deadline. Therefore, the trial court properly denied his untimely motion. Accordingly, the order under review is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lenzo Grooms, Jr. v. State, 522 So. 2d 445 (Fla. 1st DCA 1988)…e of Criminal Procedure 3.850 relating to judgments and sentences which became final prior to January 1,1985. The Florida Bar re Amend. to Rules, 460 So. 2d 907 (Fla.1984) (amending Rule 3.850, Florida Rules of Criminal Procedure); Simmons v. State, 510 So. 2d 365 (Fla. 3d DCA 1987). Appellant’s judgment and sentence was finalized in 1975, but he failed to file his 3.850 motion until January 9, 1987, nine days after the deadline. Appellant alleges no facts which would preclude application of this jurisdiction…
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Munoz v. State, 525 So. 2d 927 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. See Simmons v. State, 510 So. 2d 365 (Fla. 3d DCA 1987).…
Authorities Cited
- THE FLA. BAR RE AMENDMENT TO RULES OF CRIM. PROCEDURE (RULE 3.850), 460 So. 2d 907 (Fla. 1984)