IVAN ISADORE RUSSELL
v.
STATE OF FLORIDA
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The filing of an unsuccessful petition for belated appeal does not toll or extend the two-year limit for filing a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
[1] An unsuccessful petition for belated appeal does not toll or extend the two-year statutory period for filing a motion for postconviction relief under Florida Rule of Crim…
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Join FLexlaw to unlock all legal intelligenceIvan Isadore Russell filed a motion for postconviction relief after the two-year deadline following an unsuccessful petition for belated appeal.…
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July 9, 2019 PER CURIAM.
AFFIRMED. See Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006) (holding that the filing of an unsuccessful petition for belated appeal does not toll or extend the two-year limit for filing a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850).
WETHERELL, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Ivan Isadore Russell, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.