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FRANKLIN v. STATE

No. 3D04-3111.

917 So.2d 303 (2005)

John FRANKLIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 21, 2005.

Attorney(s) appearing for the Case

John Franklin, in proper person.

Charles J. Crist, Attorney General, for appellee.

Before COPE, C.J., and WELLS, and SHEPHERD, JJ.

WELLS, Judge.

John Franklin appeals from an order denying postconviction relief under Florida Rule of Criminal Procedure 3.850(b)(3). We affirm.

Florida Rule of Criminal Procedure 3.850(b)(3) authorizes the filing of a motion more than two years after a judgment and sentence become final where "the defendant retained counsel to timely file a 3.850 motion and counsel, through neglect, failed to file the motion." See Steele v. Kehoe,

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