Florida District Courts of Appeal, 2010

Vickers v. State

Vickers v. State
Florida District Courts of Appeal · Decided April 7, 2010 · Kelly, Khouzam, Crenshaw
37 So. 3d 292; 2010 Fla. App. LEXIS 4492; 2010 WL 1328994 (Southern Reporter, Third Series)

Vickers v. State

Opinion

KELLY, Judge.

John A. Vickers challenges a final order summarily denying his “motion to vacate conviction of condition # 5,” treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court’s order but write to clarify that Mr. Vickers’ motion, filed more than nine years after his judgment and sentence became final, was untimely and should have been denied for that reason alone. See Fla. R.Crim. P. 3.850(b).

Affirmed.

KHOUZAM and CRENSHAW, JJ., Concur.

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