Public-domain · open source
OpenJurist

584 So. 2d 224

Brown v. State

District Court of Appeal of Florida

Decided August 21, 1991

District Court of Appeal of Florida · decided 1991-08-21

Relies on 389 So. 2d 652 - Spencer v. State

Decided 1991-08-21

PER CURIAM.

¶1Troy Brown appeals the summary denial of his motion for postconviction relief. The record reveals that Brown’s notice of appeal was not filed within thirty days of the order under review. Accordingly, we dismiss this appeal as untimely. See Fla. *225R.App.P. 9.140(b)(2). In any event, the issues presented in the motion should have been raised, if at all, on direct appeal from the judgment and sentence and therefore are inappropriate for a postconviction proceeding. Spencer v. State, 389 So.2d 652 (Fla. 1st DCA 1980).

¶2Appeal dismissed.

RYDER, A.C.J., and DANAHY and LEHAN, JJ., concur.
/584/so2d/224 · .json · Public domain