Valencia v. State

Jeffrey Valencia, appellant, appeals an order summarily denying as untimely his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm.

After his conviction, appellant filed a petition for writ of mandamus to this court claiming in February 2001, he delivered to prison authorities a timely motion for post-conviction relief. He attached a copy of this alleged motion to the writ. Our court denied the petition after the state’s response indicated that the clerk’s office had no record of appellant’s motion.

After we denied the petition, appellant filed another motion…