Irving v. State

WENTWORTH, Judge.

Appellant seeks review of an order denying his Fla.R.Crim.P. 3.850 motion for post-conviction relief. We find that the motion was filed beyond the time limit established in Rule 3.850, and we therefore affirm the order appealed.

Appellant’s Rule 3.850 motion recites that his convictions occurred in 1983, and that he did not pursue a direct appeal. Rule 3.850 states that:

Any person whose judgment and sentence became final prior to January 1, 1985, shall have until January 1, 1987, to file a motion in accordance with this rule.

Appellant’s motion was filed in 1989, and his claims…