Florida District Courts of Appeal, 1999

Restrepo v. State

Restrepo v. State
Florida District Courts of Appeal · Decided May 5, 1999 · Cope, Fletcher, Sorondo
732 So. 2d 441; 1999 Fla. App. LEXIS 5655; 1999 WL 270456 (Southern Reporter, Second Series)

Restrepo v. State

Opinion of the Court

PER CURIAM.

Although the plea colloquy seems clear, defendant-appellant Oscar Restrepo moves for postconviction relief, contending that he did not understand the length of the incarceration being imposed and that his plea was therefore involuntary. A claim of involuntary plea must be brought under Florida Rule of Criminal Procedure 3.850, see id. R. 3.850(a), and is subject to a two-year time limitation. See id. R. 3.850(b). As no facts have been shown which would excuse the failure to file within the two-year deadline, the order denying postcon-viction relief is affirmed.

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