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ROBERTS v. STATE

Nos. 4D05-2876, 4D05-2879.

913 So.2d 1273 (2005)

Toriano ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 16, 2005.

Attorney(s) appearing for the Case

Toriano Roberts, Indiantown, pro se.

Charles J. Crist, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Toriano Roberts (Defendant) appeals from an order summarily denying as untimely his motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, in two consolidated cases. The trial court's order of denial counted the two-year period for filing the motion, see Fla. R.Crim. P. 3.850(b), without reference to Defendant's direct appeal, erroneously concluding that Defendant did not file a direct appeal in either...

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