Sequoia v. State

678 So. 2d 493, 1996 Fla. App. LEXIS 8921, 1996 WL 471043

Opinion

PER CURIAM.

Pursuant to Florida Rule of Appellate Procedure 9.315, we affirm. Appellant has appealed an order denying his Motion for Discharge for a speedy trial violation. The violation he challenges relates to his 1987 conviction to which he pled nolo contendere and was sentenced to a term of imprisonment. He cannot now raise the issue to overturn this conviction. Any violation of the speedy trial rule should have been raised in a direct appeal from his conviction and sentence. Having failed to so raise it, appellant is precluded from challenging his conviction at this time. Even if we were to consider this a motion for post-conviction relief, it is untimely. See Fla. R.Crim. P. 3.850(b).

Affirmed.

WARNER and FARMER, JJ., and OWEN, WILLIAM G, Jr., Senior Judge, concur.