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Florida District Courts of Appeal, 2006

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided October 6, 2006 · Lawson, Monaco, Palmer
941 So. 2d 1173; 2006 Fla. App. LEXIS 16589; 2006 WL 2844438 (Southern Reporter, Second Series)

Martin v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s denial of the motion for post-conviction relief pursuant to rule 3.850 because the motion was brought more than two years after appellant’s judgment and sentence became final. The filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window. See Jones v. State, 922 So.2d 1088 (Fla. 4th DCA 2006).

AFFIRMED.

PALMER, MONACO and LAWSON, JJ., concur.

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