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Florida District Courts of Appeal, 2012

Doyle v. State

Doyle v. State
Florida District Courts of Appeal · Decided January 4, 2012 · Salter, Shepherd, Suarez
77 So. 3d 817; 2012 Fla. App. LEXIS 19; 2012 WL 10845 (Southern Reporter, Third Series)

Doyle v. State

Opinion of the Court

PER CURIAM.

The defendant’s motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant’s conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So.3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So.2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.

Affirmed.

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