Bee v. State

Full title: Richard BEE, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Feb 11, 2014

132 So. 3d 857 (Fla. Dist. Ct. App. 2014)

Opinion

No. 4D13–2719.

2014-02-11

Richard BEE, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the SeventeenthJudicial Circuit, Broward County; Lisa M. Porter, Judge; L.T. Case No. 07015421 CF10A. Andrew C. Rose, Deerfield Beach, for appellant. No appearance required for appellee.

PER CURIAM.

Appeal of order denying rule 3.850 motion from the Circuit Court for the SeventeenthJudicial Circuit, Broward County; Lisa M. Porter, Judge; L.T. Case No. 07015421 CF10A.
Andrew C. Rose, Deerfield Beach, for appellant. No appearance required for appellee.
PER CURIAM.

We affirm the trial court's summary denial of appellant's untimely motion for postconviction relief. On appeal, appellant argues that he should have been afforded an evidentiary hearing on his allegations that counsel was asked to file the motion within two years of discovery of the alleged misadvice about the immigration consequences of the plea. We reject this argument.

The two-year time limit for filing a postconviction motion runs from the date the conviction and sentence become final, not from when a defendant discovers misadvice. Mortimer v. State, 96 So.3d 1060, 1063 (Fla. 4th DCA 2012); State v. Green, 944 So.2d 208 (Fla.2006). The motion is untimely and no valid exception was alleged.

Affirmed. TAYLOR, CIKLIN and CONNER, JJ., concur.