Michael Madry v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2013 MICHAEL MADRY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D12-4132 [ June 12, 2013 ] PER CURIAM. We affirm the denial of appellant s untimely a n d successive postconviction challenge. Appellant s petition for writ of habeas corpus alleges that the information that was filed in 1980 was not signed. The alleged defect in the information was waived and is not a basis for postconviction relief. Fla. R. Crim. P. 3.140(g) ( No objection to an information on the ground that it was not signed or verified, as herein provided, shall be entertained after the defendant pleads to the merits. ). Appellant s claim that the trial court lacked jurisdiction because the information was not signed is without merit. Colson v. State, 717 So. 2d 554, 555 (Fla. 4th DCA 1998). Affirmed. MAY, C.J., TAYLOR and GERBER, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos S. Rebollo, Judge; L.T. Case No. 80-9092 CF10. Michael Madry, Indiantown, Pro Se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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