Brown v. State

Appellant’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief was denied by the trial court on the basis that it is untimely filed. We affirm.

On appeal, appellant raises, for the first time, that he had filed an appeal of his sentence. The records of this court confirm appellant’s allegation. It, thus, appears appellant’s motion was timely filed. See, e.g., Huff v. State, 569 So.2d 1247, 1250 (Fla.1990). Florida Rule of Criminal Procedure 3.850(c)(2) requires a defendant to state in his motion whether or not he or she filed a direct appeal from the judgment and…