MARSHALL v. STATE

No. 4D08-1262.

983 So.2d 680 (2008)

Daniel Lloyd MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 2008.


Attorney(s) appearing for the Case

Daniel Lloyd Marshall, Coleman, pro se.

No appearance required for appellee.


PER CURIAM.

Daniel Lloyd Marshall appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. Marshall entered a plea in 1998 to lewd assault. He did not appeal. In November 2007, he filed the instant postconviction motion which the trial court determined was untimely. We agree that the motion was untimely and, although the motion may have been more properly "dismissed" rather than denied, we affirm. We write, however, to address an argument...

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