Laboy v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 JOSE LABOY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2346 [August 20, 2008] PER CURIAM. The dismissal of appellant s rule 3.170(l) motion as untimely is affirmed without prejudice for appellant to file a motion pursuant to Florida Rule of Criminal Procedure 3.850. See Douze v. State, 945 So. 2d 653 (Fla. 4th DCA 2007); Murray v. State, 909 So. 2d 998 (Fla. 2d DCA 2005); Weidner v. State, 767 So. 2d 604 (Fla. 4th DCA 2000). FARMER, TAYLOR and DAMOORGIAN, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 07-19711 CF10A. Jose Laboy, Belle Glade, pro se. No response required for appellee. Not final until disposition of timely filed motion for rehearing.

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