01-3005 JONES V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-3005 JONES V. STATE

Case Date: 12/12/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

JAMES JONES a/k/a OTIS WALLACE, Appellant,

** ** **

vs. ** THE STATE OF FLORIDA, **

CASE NO. 3D01-3005

LOWER TRIBUNAL NOS. F81-8748 Appellee. 89-41604 ** 90-28561 Opinion filed December 12, 2001.

An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Victoria S. Sigler, Judge. James Jones, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ. PER CURIAM. James Jones appeals an order denying his motion for

postconviction relief.

We affirm.

Defendant-appellant Jones filed a motion for postconviction relief, contending that his federal sentence had been enhanced on

account of the defendant's guilty pleas in 1981 and 1990 to MiamiDade County Circuit Court case numbers 81-8748, 89-41604, and 9028561. Defendant argued, among other things, that he was not

advised, at the time of his pleas, that these convictions could be used to enhance his sentence in the future if he committed another crime. The trial court denied defendant's motion on the merits,

and defendant has appealed. We entirely agree with the trial court's analysis of the merits. Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001), review granted, 797 So. 2d 586 (Fla. 2001). We affirm the denial of The two-year

relief in addition because the motion is untimely.

window created by Wood v. State, 750 So. 2d 592 (Fla. 1999), ran from May 27, 1999 to May 27, 2001. Id. at 595; Bismark v. State, Defendant's motion

796 So. 2d 584, 586, n. 1 (Fla. 2d DCA 2001). is dated August 6, 2001. Affirmed.

2

Download 01-3005 JONES V. STATE.pdf