ROBINSON v. STATE

No. 4D09-3991.

44 So.3d 136 (2010)

Clay ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 2010.


Attorney(s) appearing for the Case

Frank G. Fernandez of Fernandez, Larkin & Garcia, P.A., Tampa, for appellant.

No appearance required for appellee.


PER CURIAM.

We affirm the trial court's order denying appellant's Rule 3.850 motion for postconviction relief as untimely. Fla. R.Crim. P. 3.850(b).

Although appellant alleges that the Rule 3.850(b)(3) exception to the two-year time limit applies, i.e., that he retained counsel to file the postconviction motion and counsel through neglect failed to do so, by his own allegations appellant learned that retained counsel...

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