SOLER V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 ALBERTO SOLER, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-2818 ** LOWER TRIBUNAL NO. 90-3448 ** Opinion filed November 14, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Maria Espinosa Dennis, Judge. Alberto Soler, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge. PER CURIAM. Alberto Soler appeals an order denying his petition for writ of error coram nobis. This is properly viewed as being a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Wood v. State, 750 So. 2d 592 (Fla. 1999). We agree with the trial court that the petition is untimely filed. Defendant-appellant Soler is seeking relief from a conviction incurred in 1990. The Wood decision created a two-year window for such claims, which expired May 27, 2001. Id. at 595. Defendant filed his petition several months after the Wood window closed. Accordingly the trial court was entirely correct in ruling that the petition is time-barred. Affirmed. 2

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