Robert John DOYLE, Appellant, v. The STATE of Florida, Appellee
Florida District Court of Appeal
· January 4, 2012 · Docket No. 3D11-2861
77 So. 3d 817
Syllabus
Robert John DOYLE, Appellant, v. The STATE of Florida, Appellee. No. 3D11-2861. District Court of Appeal of Florida, Third District. Jan. 4, 2012. Rehearing Denied Jan. 31, 2012. Robert John Doyle, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before SHEPHERD, SUAREZ, and SALTER, JJ.
Full Opinion (472 characters)
PER CURIAM. The 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. Affirmed.
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