Legal Opinion

Vickers v. State

District Court of Appeal of Florida

Decided April 7, 2010No. 2D09-147Published

1Opinion of the Court

KELLY, Judge.

John A. Vickers challenges a final order summarily denying his “motion to vacate conviction of condition # 5,” treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court’s order but write to clarify that Mr. Vickers’ motion, filed more than nine years after his judgment and sentence became final, was untimely and should have been denied for that reason alone. See Fla. R.Crim. P. 3.850(b).

Affirmed.

KHOUZAM and CRENSHAW, JJ., Concur.

2Cases cited1 opinion

  1. Charron v. BirgeDistrict Court of Appeal of Florida · 2010