Key v. State

PARKER, Judge.

Dewayne Key appeals the summary denial of his motion for postconviction relief in two separate cases, lower court file numbers 87-11271 and 87-9763. We affirm the trial court’s order in case number 87-11271 because Key’s motion was untimely filed.

As to the second case, although Key raises numerous issues, we find only two have merit. First, Key alleges he was re-sentenced by the trial court in May 1988, after his notice of direct appeal was filed in April 1988. If that is true, the trial court lacked jurisdiction to resentence Key. See Figone v. Downey, 547 So.2d 697 (Fla. 2d…