Mary Martin v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 MARY PATRICIA MARTIN, Appellant, v. Case No. 5D06-2584 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 6, 2006 3.850 Appeal from the Circuit Court for Seminole County, O. H. Eaton, Judge. Mary P. Martin, Brooksville, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the trial court s denial of the motion for post-conviction relief pursuant to rule 3.850 because the motion was brought more than two years after appellant s judgment and sentence became final. The filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window. See Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006). AFFIRMED PALMER, MONACO and LAWSON, JJ., concur. 2

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