Doyle v. State
This text of 77 So. 3d 817 (Doyle v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant’s motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant’s conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So.3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So.2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.
Affirmed.
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Cite This Page — Counsel Stack
77 So. 3d 817, 2012 Fla. App. LEXIS 19, 2012 WL 10845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-state-fladistctapp-2012.