MORTIMER v. STATE

No. 4D11-1025.

96 So.3d 1060 (2012)

Daniel MORTIMER, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 2012.


Attorney(s) appearing for the Case

Thomas A. Kennedy of Thomas A. Kennedy, P.A., Vero Beach, for appellant.

No appearance required for appellee.


PER CURIAM.

We affirm the denial of appellant's untimely motion for postconviction relief. In 1970, a jury convicted appellant of two counts of aggravated assault with a deadly weapon with intent to effect death. The court withheld adjudication and placed him on probation for ten years. Forty years later, he sought to vacate these convictions because he learned that he is now subject to deportation. We conclude that appellant failed to establish a valid exception...

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