07-5532 WILFREDO MYERS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-5532

Case Date: 10/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

WILFREDO MYERS , Appellant, v. STATE OF FLORIDA , Appellee. _____________________________/ Opinion filed October 7, 2008.

CASE NO. 1D07-5532

An appeal from the Circuit Court for Duval County. Hon. L. P. Haddock, Judge. James T. Miller, Jacksonville, for Appellant. Bill McCollum, Attorney General, and Edward C. Hill, Jr., Special Counsel, Criminal Appeals, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM. Appellant asserts that the trial court erred by denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, as untimely and on the merits. Although we agree with appellant that his motion

was timely filed, and therefore not procedurally barred, we affirm the denial of the motion on the merits without further discussion. AFFIRMED. WOLF, DAVIS, and ROBERTS, JJ., CONCUR.

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