Restrepo v. State

District Court of Appeal of Florida

Restrepo v. State

732 So. 2d 441, 1999 Fla. App. LEXIS 5655, 1999 WL 270456

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1999

DocketNo. 99-0112

StatusPublished

This text of 732 So. 2d 441 (Restrepo 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

Restrepo v. State, 732 So. 2d 441, 1999 Fla. App. LEXIS 5655, 1999 WL 270456 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Although the plea colloquy seems clear, defendant-appellant Oscar Restrepo moves for postconviction relief, contending that he did not understand the length of the incarceration being imposed and that his plea was therefore involuntary. A claim of involuntary plea must be brought under Florida Rule of Criminal Procedure 3.850, see id. R. 3.850(a), and is subject to a two-year time limitation. See id. R. 3.850(b). As no facts have been shown which would excuse the failure to file within the two-year deadline, the order denying postcon-viction relief is affirmed.

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PER CURIAM.

Although the plea colloquy seems clear, defendant-appellant Oscar Restrepo moves for postconviction relief, contending that he did not understand the length of the incarceration being imposed and that his plea was therefore involuntary. A claim of involuntary plea must be brought under Florida Rule of Criminal Procedure 3.850, see id. R. 3.850(a), and is subject to a two-year time limitation. See id. R. 3.850(b). As no facts have been shown which would excuse the failure to file within the two-year deadline, the order denying postcon-viction relief is affirmed.

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Bluebook (online)

732 So. 2d 441, 1999 Fla. App. LEXIS 5655, 1999 WL 270456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/restrepo-v-state-fladistctapp-1999.