LENZO GROOMS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Lenzo Grooms, Jr., appeals the trial court’s order summarily denying his motion for post-conviction relief. We affirm. Inmates have until January 1, 1987 to file motions pursuant to Florida Rule 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 jurisdictional rule to his case. Therefore, the trial court properly denied appellant’s motion, and the order is AFFIRMED.
SMITH, C.J., and ERVIN and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Blaine Elkins v. State, 555 So. 2d 441 (Fla. 3d DCA 1990)…e legal basis upon which the claim was predicated were unknown to the defendant. See Demps v. State, 515 So. 2d 196 (Fla.1987); Paez v. State, 512 So. 2d 263 (Fla. 3d DCA 1987); Golphin v. State, 522 So. 2d 1043 (Fla. 4th DCA 1988); Grooms v. State, 522 So. 2d 445 (Fla. 1st DCA 1988). 5. The Court also finds that the present motion should be denied, because it is a successive motion which raises claims that were obviously known to the defendant at the time his prior motion was filed, and were raised by the d…
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Fencher v. State, 525 So. 2d 1038 (Fla. 1st DCA 1988)…PER CURIAM. AFFIRMED. See Demps v. State, 515 So. 2d 196 (Fla.1987); Grooms v. State, 522 So. 2d 445 (Fla. 1st DCA 1988). SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.…
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Sturdivant v. State, 526 So. 2d 1031 (Fla. 1st DCA 1988)…judgment and sentences became final in November 1976, so he had until January 1, 1987, to file his 3.850 motion. Because appellant did not file this motion until July 20,1987, the trial court properly denied the motion as untimely. Grooms v. State, 522 So. 2d 445 (Fla. 1st DCA 1988); see also Demps v. State, 515 So. 2d 196 (Fla.1987) (post-conviction relief procedurally barred unless appellant alleged facts previously unknown and not discoverable, or raises a newly established fundamental constitutional righ…
Authorities Cited
- THE FLA. BAR RE AMENDMENT TO RULES OF CRIM. PROCEDURE (RULE 3.850), 460 So. 2d 907 (Fla. 1984)
- Simmons v. State, 510 So. 2d 365 (Fla. 3d DCA 1987)
- Burton R. Levey v. Levenstein, 510 So. 2d 365 (Fla. 3d DCA 1987)