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McCray v. State

District Court of Appeal of Florida, Third District
Dec 10, 1997
701 So. 2d 1266 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-2682

Opinion filed December 10, 1997.

An Appeal under Fla. R. App. P. 9.140(I) from the Circuit Court for Dade County, Henry H. Harnage, Judge.

James McCray, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, LEVY, and GREEN, JJ.


Defendant appeals from the denial of his motion for postconviction relief. We affirm. See Barnes v. State, 643 So.2d 83 (Fla. 3d DCA 1994); Fla. R. Crim. P. 3.850 ("A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this ruleif filed more than 2 years after the judgment and sentence become final in a noncapital case . . . unless it alleges that (1) the facts on which the claim is predicated were unknown to the movant or the movant's attorney and could not have been ascertained by the exercise of due diligence, or (2) the fundamental constitutional right asserted was not established within the period provided for herein and has been held to apply retroactively." (emphasis added)).

In this case, the judgment and sentence became final twelve years ago, and neither exception to the time limit applies. Defendant's motion for postconviction relief was therefore untimely, and was properly denied.

AFFIRMED.


Summaries of

McCray v. State

District Court of Appeal of Florida, Third District
Dec 10, 1997
701 So. 2d 1266 (Fla. Dist. Ct. App. 1997)
Case details for

McCray v. State

Case Details

Full title:JAMES McCRAY, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 10, 1997

Citations

701 So. 2d 1266 (Fla. Dist. Ct. App. 1997)

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