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512 So. 2d 263

512 So.2d 263

12 Fla.L.Weekly 2067

Docket No. 87-1945.

Paez v. State

Gonzalo PAEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 25, 1987.

Rehearing Denied September 28, 1987.

District Court of Appeal of Florida · decided 1987-08-25

Cited by 9 later decisions — most recently August 1993

9 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1987-08-25

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¶1Gonzalo Paez, in pro. per.

¶2Robert A. Butterworth, Atty. Gen., for appellee.

¶3Before HENDRY, NESBITT and FERGUSON, JJ.

¶4PER CURIAM.

¶5Paez appeals from the trial court's order denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Where a defendant's judgment and sentence *264 were finalized after 1984, the rule requires that such motions be filed no later than two years from the date the judgment and sentence become final, absent allegations that "(1) the facts upon which the claim is predicated were unknown to the movant or his attorney and could not have been ascertained by the exercise of due diligence, or (2) the fundamental constitutional right asserted was not established within the period provided for herein and has been held to apply retroactively." Fla. R.Crim.P. 3.850. Paez's motion was not filed until May 7, 1987, more than two years after the date his judgment and sentence became final, which was May 3, 1985, according to Paez's own motion. Furthermore, Paez's motion did not contain allegations of either of the exceptions listed in rule 3.850. Therefore, the trial court properly denied Paez's motion. Accordingly, the order under review is

¶6Affirmed.

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