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MONFISTON v. STATE

No. 4D09-5232.

54 So.3d 632 (2011)

Franklin MONFISTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2011.

Attorney(s) appearing for the Case

Franklin Monfiston , Live Oak, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant Franklin Monfiston challenges the circuit court's order denying his motion for postconviction relief as untimely filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant's motion was filed within two years of the date that the Supreme Court of Florida disposed of his petition for review of this court's decision on direct appeal. As such, his motion was timely filed. See Ortiz v. State, 4 So.3d 794

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