Florida District Courts of Appeal, 1987

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided July 28, 1987 · Hubbart, Jorgenson, Nesbitt
510 So. 2d 365; 12 Fla. L. Weekly 1824; 1987 Fla. App. LEXIS 9581 (Southern Reporter, Second Series)

Simmons v. State

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, *366but 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.

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