Florida District Courts of Appeal, 1990

McIntyre v. State

McIntyre v. State
Florida District Courts of Appeal · Decided April 10, 1990 · Baskin, Ferguson, Gersten
559 So. 2d 388; 1990 Fla. App. LEXIS 2403; 1990 WL 40326 (Southern Reporter, Second Series)

McIntyre v. State

Opinion of the Court

PER CURIAM.

Appellant, Edmund Kite McIntyre, appeals from a trial court order denying his motion for post-conviction relief. We affirm the order of the trial court based upon a holding that the motion was untimely filed pursuant to the two-year limitations period prescribed in rule 3.850, Florida Rules of Criminal Procedure; and appellant’s claims do not fall within either of the two exceptions to application of the time limit set forth in that rule. Johnson v. State, 536 So.2d 1009 (Fla. 1989); Delap v. State, 513 So.2d 1050 (Fla. 1987); Saccucci v. State, 546 So.2d 1154 (Fla. 2d DCA *3891989); see Whiddon v. Dugger, 894 F.2d 1266 (11th Cir. 1990).

Affirmed.

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