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77 So. 3d 817

Doyle v. State

District Court of Appeal of Florida

Decided January 4, 2012

District Court of Appeal of Florida · decided 2012-01-04

Relies on Hilbert v. State · Clark v. State

Decided 2012-01-04

PER CURIAM.

¶1The defendant’s motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant’s conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So.3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So.2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.

¶2Affirmed.

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