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510 So. 2d 365

510 So.2d 365

12 Fla.L.Weekly 1824

Simmons v. State

District Court of Appeal of Florida · decided 1987-07-28

Relies on 460 So. 2d 907 - Florida Bar re Amendment to Rules of Criminal Procedure

Decided 1987-07-28

PER CURIAM.

¶1Simmons appeals the summary denial of his motion for post conviction relief.. All defendants whose judgments and sentences became final prior to January 1, 1985 had only until January 1, 1987 to file for relief under Florida Rule of Criminal Procedure 3.850. The Florida Bar re Amendment to Rules of Criminal Procedure (Rule 3.850), 460 So.2d 907, 908 (Fla.1984); Fla.R. Crim.P. 3.850. Simmons’s judgment and sentence were finalized on May 26, 1981, *366but he failed to file his Rule 3.850 motion until March 5, 1987, more than three months after the January 1 deadline. Therefore, the trial court properly denied his untimely motion. Accordingly, the order under review is

¶2Affirmed.

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