McIntyre v. State

District Court of Appeal of Florida

McIntyre v. State

559 So. 2d 388, 1990 Fla. App. LEXIS 2403, 1990 WL 40326

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1990

DocketNo. 90-0310

StatusPublished

This text of 559 So. 2d 388 (McIntyre 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.

Bluebook

McIntyre v. State, 559 So. 2d 388, 1990 Fla. App. LEXIS 2403, 1990 WL 40326 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Appellant, Edmund Kite McIntyre, appeals from a trial court order denying his motion for post-conviction relief. We affirm the order of the trial court based upon a holding that the motion was untimely filed pursuant to the two-year limitations period prescribed in rule 3.850, Florida Rules of Criminal Procedure; and appellant’s claims do not fall within either of the two exceptions to application of the time limit set forth in that rule. Johnson v. State, 536 So.2d 1009 (Fla.1989); Delap v. State, 513 So.2d 1050 (Fla.1987); Saccucci v. State, 546 So.2d 1154 (Fla. 2d DCA [389]*3891989); see Whiddon v. Dugger, 894 F.2d 1266 (11th Cir.1990).

Affirmed.

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PER CURIAM.

Appellant, Edmund Kite McIntyre, appeals from a trial court order denying his motion for post-conviction relief. We affirm the order of the trial court based upon a holding that the motion was untimely filed pursuant to the two-year limitations period prescribed in rule 3.850, Florida Rules of Criminal Procedure; and appellant’s claims do not fall within either of the two exceptions to application of the time limit set forth in that rule. Johnson v. State, 536 So.2d 1009 (Fla.1989); Delap v. State, 513 So.2d 1050 (Fla.1987); Saccucci v. State, 546 So.2d 1154 (Fla. 2d DCA [389]*3891989); see Whiddon v. Dugger, 894 F.2d 1266 (11th Cir.1990).

Affirmed.

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Bluebook (online)

559 So. 2d 388, 1990 Fla. App. LEXIS 2403, 1990 WL 40326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-state-fladistctapp-1990.

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