5D03-1729 Bowman v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-1729

Case Date: 06/30/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

KELVIN BOWMAN, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed July 3, 2003 3.850 Appeal from the Circuit Court for Orange County, John H. Adams, Sr., Judge. Kelvin Bowman, Chipley, Pro Se. No appearance for Appellee. PER CURIAM. The Appellant, Kelvin Bowman, appeals the summary denial of his belated Rule 3.850 post-conviction motion. Bowman's motion is not only untimely, as it was filed well beyond two years after the judgment and sentence in his case became final, but is also successive, as he raises claims of trial court error and ineffective assistance of counsel which could have been raised in a prior 3.850 motion. See Fla. R. Crim. P. 3.850(b) and (f). Accordingly, his motion for post-conviction relief was properly denied. AFFIRMED. CASE NO. 5D03-1729

SAWAYA, C.J., MONACO and TORPY, JJ., concur.

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