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941 So. 2d 1173

Martin v. State

District Court of Appeal of Florida

Decided October 6, 2006

District Court of Appeal of Florida · decided 2006-10-06

Relies on 922 So. 2d 1088 - Jones v. State

Decided 2006-10-06

PER CURIAM.

¶1We affirm the trial court’s denial of the motion for post-conviction relief pursuant to rule 3.850 because the motion was brought more than two years after appellant’s judgment and sentence became final. The filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window. See Jones v. State, 922 So.2d 1088 (Fla. 4th DCA 2006).

¶2AFFIRMED.

PALMER, MONACO and LAWSON, JJ., concur.
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