Florida District Courts of Appeal, 2004

Clay v. State

Clay v. State
Florida District Courts of Appeal · Decided December 22, 2004 · Farmer, Hazouri, Stone
889 So. 2d 985; 2004 Fla. App. LEXIS 19642; 2004 WL 2952789 (Southern Reporter, Second Series)

Clay v. State

Opinion of the Court

PER CURIAM.

Affirmed, without prejudice to appellant filing in the trial court a facially sufficient Florida Rule of Criminal Procedure 3.800(a) motion that identifies specific non-hearsay, record evidence that supports his claim. Burgess v. State, 831 So.2d 137 (Fla. 2002); Wachter v. State, 868 So.2d 629 (Fla. 2d DCA 2004). Appellant may raise the alleged violation of Hale v. State, 630 So.2d 521 (Fla. 1993), in a rule 3.850 motion *986if he can establish a valid exception to the two-year time limitation. Fla. R.Crim. P. 3.850(b).

FARMER, C.J., STONE and HAZOURI, JJ., concur.

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