Haywood v. State

District Court of Appeal of Florida

Haywood v. State

615 So. 2d 707, 1992 Fla. App. LEXIS 12420, 1992 WL 368458

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1992

DocketNo. 92-02737

StatusPublished

Cited by3 cases

This text of 615 So. 2d 707 (Haywood 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.

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Haywood v. State, 615 So. 2d 707, 1992 Fla. App. LEXIS 12420, 1992 WL 368458 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The appellant contends that the court erred in denying his motion for postconviction relief as untimely filed. He argues that he had previously filed a motion for postconviction relief that was dismissed without prejudice by the trial court. Apparently, the motion on review here was the resubmission of that motion. If correct, the court erred in denying the motion as untimely filed. See Lemus v. State, 585 So.2d 388 (Fla. 2d DCA 1991). However, since the appellant’s postconviction relief motion fails on its merits, we affirm.

CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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PER CURIAM.

The appellant contends that the court erred in denying his motion for postconviction relief as untimely filed. He argues that he had previously filed a motion for postconviction relief that was dismissed without prejudice by the trial court. Apparently, the motion on review here was the resubmission of that motion. If correct, the court erred in denying the motion as untimely filed. See Lemus v. State, 585 So.2d 388 (Fla. 2d DCA 1991). However, since the appellant’s postconviction relief motion fails on its merits, we affirm.

CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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615 So. 2d 707, 1992 Fla. App. LEXIS 12420, 1992 WL 368458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haywood-v-state-fladistctapp-1992.

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