Bee v. State
District Court of Appeal of Florida
1Per 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 post-conviction motion runs from the date the conviction and sentence become final, not from when a defendant discovers misad-vice. Mortimer v. State, 96 So.3d 1060, 1063 (Fla. 4th DCA…
2Cases cited2 opinions
- State v. GreenSupreme Court of Florida · 2006
- Mortimer v. StateDistrict Court of Appeal of Florida · 2012
3Cited by4 opinions
- Wallace v. StateDistrict Court of Appeal of Florida · 2019
- Corbin v. StateDistrict Court of Appeal of Florida · 2014
- Jean Hugue Daniel v. State of FloridaDistrict Court of Appeal of Florida · 2016
- Wallace v. StateDistrict Court of Appeal of Florida · 2019