Zirio v. State

The defendant, Guido Ruben Zirio, appeals from the denial of his 3.850 and 3.800 motions below. We affirm, in part, and reverse, in part.

The trial court properly denied the defendant’s 3.850 motion where the motion was untimely filed. There was over a two-year time span between the date that the defendant’s conviction and sentence became final and the date that the defendant filed the instant motion for post-conviction relief. Also, none of the applicable exceptions to the limitations period are present. See Bannister v. State, 606 So.2d 1247 (Fla. 5th DCA 1992). Therefore, we affirm the…