DEXTER DAVIS
v.
THE STATE OF FLORIDA
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A motion filed under the wrong procedural rule cannot be salvaged by treating it as a motion under a different rule when doing so would render it untimely under the applicable rule.
[1] A motion filed under an incorrect procedural rule cannot be treated as timely under the correct rule merely by recharacterization when the motion would be untimely under…
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Join FLexlaw to unlock all legal intelligenceDexter Davis appealed from a circuit court order in Miami-Dade County denying his motion. The motion was filed under Florida Rule of Appellate Procedu…
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Third District Court of Appeal State of Florida
Opinion filed September 11, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1226 Lower Tribunal No. F09-19670 ________________
Dexter Davis, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge.
Dexter Davis, in proper person.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Before LOBREE, BOKOR and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Shaw v. State, 780 So. 2d 188, 190 (Fla. 2d DCA 2001) (affirming the denial of a rule 3.800 motion which, if treated properly as a rule 3.850 motion, would be untimely).