Florida District Courts of Appeal, 1995

Serrano v. State

Serrano v. State
Florida District Courts of Appeal · Decided April 26, 1995 · Gunther, Klein, Polen
653 So. 2d 509; 1995 Fla. App. LEXIS 4392; 1995 WL 238638 (Southern Reporter, Second Series)

Serrano v. State

Opinion of the Court

PER CURIAM.

Natividad Serrano appeals from an order summarily denying his motion for post-conviction relief. He raises four points on appeal. We find that three of those points are time-barred because Serrano failed to raise them within two years of the time that his sentence became final, as required by rule 3.850(b). However, we find one issue on appeal — regarding Serrano’s claim that the sentences are excessive and illegal — to be facially sufficient and remand for an eviden-tiary hearing or attachment of those portions of the record refuting Serrano’s claim that *510his sentence is in excess of the maximum authorized by law.

GUNTHER, POLEN and KLEIN, JJ., concur.

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