Beaty v. State

ALTENBERND, Judge.

Edwin H. Beaty, a/k/a Edwin Beatty, appeals an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm because his motion was not filed within two years of this court’s mandate in his direct appeal and does not allege a basis to extend the two-year period contained in rule 8.850(b). Mr. Beaty’s direct appeal was affirmed per curiam without a written opinion. We hold that a judgment and sentence become final for purposes of rule 3.850 when our mandate issues in a direct appeal in which the judgment and sentence…