¶1Although the plea colloquy seems clear, defendant-appellant Oscar Restrepo moves for postconviction relief, contending that he did not understand the length of the incarceration being imposed and that his plea was therefore involuntary. A claim of involuntary plea must be brought under Florida Rule of Criminal Procedure 3.850, see id. R. 3.850(a), and is subject to a two-year time limitation. See id. R. 3.850(b). As no facts have been shown which would excuse the failure to file within the two-year deadline, the order denying postcon-viction relief is affirmed.
732 So. 2d 441
Restrepo v. State
District Court of Appeal of Florida
Decided May 5, 1999
District Court of Appeal of Florida · decided 1999-05-05
Decided 1999-05-05